Accused behaved like a cold-blooded killer - Judge

Patricia Edwin
Staff Writer | Friday August 12, 2011 00:00

Justice Mpaphi Phumaphi said 19-year old Gofaone Gabatsalane had already admitted shooting his co-worker at point blank range, thus weakening the assumption of innocence in the case.

'By the applicant's own account, he shot the deceased with a high calibre 35 rifle from a short distance of six metres,' the judge said, adding that he doubted Gabatsalane's claim that the deceased wanted to kill him. 'That seems highly unlikely from six paces away,' he said.

Justice Phumaphi said the facts already before court made the accused's conviction for murder a high probability because his actions appeared to be that of a cold-blooded killer as he had shot the deceased without warning. 'You aimed, fired and killed someone in cold blood,' the judge said.

The shooting allegedly occurred after Gabatsalane argued with the deceased in May at Nambo cattlepost around Manxotai. It is alleged that he went into a yard and closed the gate before the deceased and a colleague could enter. Moments later, Gabatsalane allegedly came out with a gun and fired the fatal shot.

During his application for bail, the accused said he had shot the deceased because he wanted his P600 from him but the deceased had threatened to stab him with a knife.

'He wanted to kill me with a knife and I also wanted him to return my money to where he had taken it (from) without my permission,' Gabatsalane said.