FRANCISTOWN: A 25-year-old man escaped death by a whisker after he was found guilty of rape and murder.
Justice Lot Moroka sentenced Refilwe Gaosupe of Mmatshumo village to 10 years in jail for raping and killing Itumeleng Kelemogile at Mmatshumo on August 9, 2009. Kelemogile was the girlfriend of Gaosupe’s friend.Passing sentence, Moroka said that it was evident that at the time of the commission of the offences, the accused, his friends and the deceased were drunk.“Intoxication has been found to be an extenuating circumstance.
In these cases, the death penalty will not be an appropriate sentence…Rape attracts a mandatory sentence if there are no extenuating circumstances that could have led to the commission of the offence. I find no extenuating circumstance that may lessen the charge of rape,” said Moroka.Moroka added that he took into consideration that Gaosupe cooperated with the prosecution and showed remorse for his actions.Said Moroka: “You are also a first offender which however does not reduce your moral blame worthiness. You however, deserve a custodial sentence.
In the premise, I sentence you to 10 years in jail for rape and another 10 years in jail for murder. The sentences shall run concurrently and shall be backdated to October 14, 2015.”Counsel Lone Masire represented the accused.Meanwhile, Moroka granted bail to a Makgaolakgang cattlepost man who is facing two counts of murder and one count of unlawful wounding.The state alleges that Siamisang Bolelang killed Kelebogile Goboetswemang and Ntlogelang Dikeledi at Makgaolakgang cattlepost on March 13, 2012 using a log, after a misunderstanding during the letsema traditional ceremony.
The accused is also charged with unlawfully wounding Dikeledi’s two-year-old child with the log.The State attorney, Connie Letsoalo, did not oppose bail for the accused.He was granted bail on condition that he enters into his own recognisance of P2,000; bring two sureties who shall each bind themselves with P2,000; report at Dukwi Police Station every Friday; shall not interfere with state witnesses and attend court as and when required to do so.
Trial dates in the matter have been set for May 9-10 next year. Attorney Luanda Antonio represents the accused.