Sentencing Gabaikanngwe Seleke for the murder of Tiro Keitirang on February 5, 2005 at Palla Road village, he quoted a New Toronto article by one Huggard who said: "Sentencing is lonely and onerous," Justice Masuku said the quote would guide him to pass an appropriate sentence.
"You have a three-year-old child and you were from the interment of your factor and the court has been asked to consider your bereavement. You are also a first offender with no record criminal blemish and also pleaded guilty to the offence. You decided to plead guilty not as a sign of cowardice but a as sign of contrition. The court has also been asked to consider your sobriety at the time of the offence," said Justice Masuku.
He said Seleke committed a serious offence. He said Seleke senselessly beat the deceased and the autopsy report and the photo album bear testimony to this. Before passing sentence, Justice Masuku charged that if people who felt wronged acted the way Seleke did, there would be very few people alive.
Seleke's attorney Sijabuliso Siziba submitted that that the court should consider all the relevant issues submitted into extenuation and the circumstances of the offence. He also said the act was not premeditated. Siziba submitted the mitigation factors after the judge had ruled that he was of the view that the extenuating factors outweighed the aggravating factors.
Earlier the prosecutions counsel Thamsanqa Selitshena submitted the summary of agreed facts since Seleke had pleaded guilty to the charge. Selitshena submitted that on the fateful day, the deceased and the accused person were among people who had gone to entertain themselves at one Joyce Kealeboga's (Prosecution Witness 2) parents yard, where PW2 was selling Chibuku.
