High Court acquits murder accused

The State alleged that the accused, Oageng Bothodilwe, killed Moagi Thakuwe on August 24, 2013 at Depa cattle post in the Central District. Justice Gaolapelwe Ketlogetswe stated that in order for the charge of murder to succeed, the prosecution had to prove beyond reasonable doubt that the person alleged to have been killed is indeed dead, that his or her death was caused by act or omission of the accused and that in causing the death, did so with malice afterthought. Ketlogetswe also explained that for the charge of murder to sustain, the accused in causing the death of the deceased acted unlawfully or had no legal justification for his or her actions.

“In the present matter, there is no dispute that Thakuwe is dead. His death has been confirmed in terms of the post-mortem examination report prepared by the consultant forensic pathologist Dr Kaone Panzirah Mabaka, which was received in evidence,” the judge said.