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Extenuating circumstances save man from the gallows

FRANCISTOWN: A Senete man survived the ultimate sentence of death after the judge found that he committed the offence in a state of emotional distress due to his girlfriend’s actions.

Buzo Chimota was found guilty of murdering Neo Taboka at or near Senete village between April 21 and 22 in 2019. However, Chimota breathed a sigh of relief after Justice Bengbame Sechele found that there were extenuating circumstances that reduced Chimota’s moral blameworthiness. Justice Sechele said Taboka had a tendency of telling Chimota that she was going to Francistown late at night around 10pm when there was no public transport. This, Justice Sechele added, made Chimota suspicious to the point that he surreptitiously followed Taboka only to find her boarding the combi of her former boyfriend, Nicholas France. “Upon reaching the combi, the accused found his girlfriend inside and took her out. It is quite clear that the relationship between the accused and the deceased was bitter. The deceased no longer wanted to continue with the relationship. The accused had long suspected that she was back in love with her ex-boyfriend, France. The accused and the deceased’s relationship was characterised by fights and issues of infidelity from both sides. The deceased suspected that the accused was cheating on her while the accused also suspected the same,” said Justice Sechele.

Justice Sechele added: “There is no doubt that when the accused saw the deceased with France, he became very angry and dragged her from France’s combi and then took her to the bush where he later strangled her. The accused came across to me as a person from a rustic background. I am also satisfied that at the time the accused committed the offence, he was consumed by jealousy. I am therefore, satisfied that there are extenuating circumstances that warrant the court to not impose the ultimate sentence of death.” In mitigation, Chimota’s attorney Gontse Simon said upon commission of the offence, the accused told his parents who then reported the matter to the police. “The accused was also a first offender and he religiously followed his bail conditions. He was also consumed by jealousy when he committed the offence,” said Simon. Chimota will be sentenced on February 26.

Editor's Comment
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