Boko sheds a tear for client's life

BAME PIET
Staff Writer | Tuesday February 26, 2008 00:00

 

Sampson and Michael Molefhe, a South African citizen, face a possible death sentence after the court found them guilty of the murder of Robert Ncube and Sam Humbarume in Mogoditshane on December 24, 2000. On January 28 this year, the court ruled that there were no extenuating circumstances in the murder case and gave the defence time to present their mitigating factors.

 
Boko argued that since the court had found no extenuating circumstances, it still had an opportunity to exercise its discretion to temper justice with mercy. 
He said that Sampson had never had a brush with the law and he committed the offence in self-defence.

 
He told the court that Sampson had said in his testimony that as soon as they arrived at Ncube's house, a fight ensued and he was pinned to the ground. 
He said that Sampson's life was in danger and he picked a kitchen knife that was on the floor, which he used to scratch his assailant's hands.

He added that the court should also consider the friendship between the two men, which was the reason why Sampson accompanied Molefhe when they went to Ncube's home.  'He wanted to be there for his friend,' he said.

Sampson was clad in a white Islam gown and blue and white Islam hat while Molefhe was dressed in a pair of trousers and a striped shirt.
His two daughters came all the way from South Africa to witness and get first hand information on the case.

 
Boko further argued that for the seven years Sampson had been in jail, he had never attempted to escape.

 
He cited the January 2006 mass escape of prisoners at maximum prison in Gaborone, which occurred while Sampson was there but he did not attempt to join the escapees. 
Boko said that his client is not a callous and cold blood murderer who should be sentenced to death but a person who deserves another chance to reform.
 'With all this I rest my case, and the matter is now between your Lordship and God,' he said before being overcome by emotions.

However, Justice Dibotelo wanted to know from the attorney whether it would not be misguided for the court not to impose a mandatory sentence.  Boko responded that he also has a problem with finding answers to the question.
 Earlier on, attorney for Molefhe, Ookeditse Maphakwane had pleaded with the court to extend mercy to him saying that he was experiencing emotional instability at the time he committed the offence.
 

He said that the killing of his aunt by Ncube, in an armed robbery in 1995 in Soweto, had traumatised Molefhe and that he was intoxicated when he committed the offence. 
'The accused had taken substantial alcohol on the fateful night,' he stated.
Maphakwane indicated that Molefhe had not had a proper upbringing after his mother died when he was only six months old. 

He said that he only attended school up to Standard Five, after which he migrated to Zimbabwe as a Pan Africanist Congress (PAC) refugee.

 
He said upon his return in the early 80s, Molefhe found that his father and grandmother had also died.  'He was orphaned and he had a disorientated upbringing.  Please do not view him with grim, view him as a victim of a culture of brutality, notoriety of gun violence in the apartheid South Africa.  He is a by-product of South African society and was unfortunate to grow up in a disoriented society,' he argued.

Maphakwane insisted that Molefhe deserves another chance. 
He said having spent seven years in jail before his conviction, without trying to escape, shows that he has faith and confidence in the justice system of Botswana.  He once again urged the court to show mercy to his client. 

However, Justice Dibotelo reminded Maphakwane that the killers of Molefhe's aunt were never arrested and wanted to know why he (Molefhe) did not report the matter to the police after learning in 1999 that Ncube stayed in Mogoditshane.  Maphakwane responded that it is possible Molefhe was not sure about Ncube and that he was still considering other options. 

State counsel Thabo Malambane was not convinced that Sampson deserves another chance.  He called on the court to impose the death penalty on him since it was the only appropriate sentence.  He left Molefhe's fate to the court.

 
The public burst into laughter when he suggested that Dibotelo should pass the sentence by 4pm since time was wasted in mitigation though it was clear that there were no extenuating circumstances in the case.  He will be sentenced on March 7.