28 Jul 2015

Chief Justice Maruping Dibotelo has ruled that murder accused, Boitshwarelo Tau has a case to answer.

The ruling followed the end of the prosecution’s case, which saw 10 state witnesses giving testimony.   

However, Justice Dibotelo said he would disclose the reasons on the pronouncement in due course, and ordered that the second round on the case could get started thus inviting the defence to conduct its case to prove the state otherwise.

Tau, who is represented by attorney Gabriel Ganjabanga, stands accused of the murder of her boyfriend Mr Sinki Phuthego in Mahotshwane settlement near Mabutsane. She allegedly hit him three times with two stones on the back of his head on August 27, 2011. Phuthego died two months later at Princess Marina Hospital (PMH) where he was hospitalised.

Following the passing away of Mr Phuthego, who was reportedly admitted at the Intensive Care Unit (ICU), she was consequently arrested and detained at Mabutsane Police Station for three days before coming for a confession at the district commissioner’s offices.

The 28-year-old Tau has since pleaded not guilty to a charge of murder and has been on bail since. Her confession statement, which was made in Setswana and translated into English, indicates that she came voluntarily and was never beaten or injured by police officers during her three-day-detention.

Giving evidence in chief on Monday (July 27), the investigating officer, Inspector Kumbani Machaya of Mabutsane Police Station, said he was allocated the case on August 28, 2011, a day after the incident, and he immediately left for Mahotshwane where he arrested Tau and cautioned her for an offence of causing grievous bodily harm.

Insp. Machaya further told the court that the accused took him to the scene of the crime where she showed him two small stones and a half stock brick which she used to assault the deceased with.

He also told the court under cross-examination from the defence lawyer that the accused claimed that she assaulted the deceased because he had arrived late from fetching water in Sekoma.

He was supposedly sent by her aunt and the agreement was that he would come in time so that he and the accused could go to their cattle post, known as Dikantsi some 7km away, to kraal their goats.

Meanwhile Insp. Machaya told the court that Tau cried uncontrollably when she was informed that her boyfriend has died. He told the court under cross examination that this could be the sign that she had lost a partner.

Meanwhile the state counsel, Ms Sally Boitumelo from the Directorate of Public Prosecutions (DPP) while make submission at the end of the prosecutions case, said the state had proved its case of murder against the accused, adding that there was malice on the part of the accused and that she should be held accountable for her action.

She said the fact that Tau hit the deceased with a stone on the back of his head and then fell down and proceeded to hit him twice while he was lying down shows that she had the intent to kill.

However, defence lawyer Mr Ganjabanga said there was never any motive to kill the deceased moreso that the two were living together as husband and wife, and also that they had two children together.

In addition, he said the accused picked the stones along the way, near the homestead of a couple who saw her assaulting Phuthego, and did not bring them along from their home where the argument could have started. He said the state has failed to prove its case and that none of the witnesses have stated that the accused ever told them that he intends to kill her boyfriend. The case continues. Ends