The accused, Bathusi Mpitsi, is charged with a single count of murder where the state alleges that he killed Maoto Biza Ntwaagae on September 30, 2016 in Mahalapye.
Justice Moesi said that for the charge to be sustainable, the state must prove that the death happened at the hands of the accused. “The requisite mental element vital in a murder case is that the accused acted with malice afterthought: that had an intention to cause the death of or do grievous harm to any person, whether such person is the person actually killed or not, knowing that the act or omission causing death is likely to cause the death of someone, whether that such person is the person actually or not although such knowledge is accompanied by indifference whether death is caused or not or by a wish that it may not be caused and whether an intention by the act or omission to facilitate the flight or escape from custody from any person who has committed or attempted to commit such an offence,” said Moesi adding that there is no obligation upon the accused to prove his innocence.
