Sympathy but no relief for convicted killer

The CoA bench, led by Judge President Ian Kirby, agreed last week that the 32-year-old Gabanakgang committed the murder under strong extenuating circumstances as also found by the trial judge. Gabanakgang murdered his mother’s lover at Sasa cattle post in the Central District, after a bitter dispute, which also included allegations of sexual advances towards the convict’s niece by the deceased.

Gabanakgang had appealed to CoA, arguing that a verdict of manslaughter, rather than murder, was appropriate as he had provoked him in the period leading up to the incident. Dismissing the application, Kirby said despite having found that there were extenuating circumstances, the sentence was justified. He said the trial judge was justified in finding that the defence of provocation could not be sustained despite having found that Gabanakgang was subjected to abuse and an undermining of his authority at the cattle post.