13 Aug 2015

A state prosecutor in Boitshwarelo Tau murder case has told the Gaborone High Court that the Directorate of Public Prosecutions (DPP) has proved its case beyond reasonable doubt and as such the accused should be convicted for her offence as charged.

 Motivating her final submission at the close of the case this week, Ms Sally Boitumelo from the DPP told Chief Justice Maruping Dibotelo, who is presiding over the matter, that there was no lawful justification on the part of the accused for having caused death.

She said the fact that the two state witnesses who saw the accused hitting the deceased with stones on the back of his head, even when he had fallen down, without any prior provocation, is a clear sign that she had malice aforethought to kill her boyfriend of 10 years. 

Ms Boitumelo said given what transpired before the court, it was evident enough that Tau was not candid enough because what she had written in her witness statement, confession statement and said orally to the police did not tally. 

Ms Boitumelo said it was surprising that Tau did not find it appropriate to state neither in her witness statement nor in her confession statement that Sinki Phuthego, whom she assaulted and ultimately died two months later, had allegedly punched her with a fist before retaliating with a hail of stones on his head. She also failed to go to the clinic for medical attention although she said the pain lasted for three days.

Ms Boitumelo said it was also mystifying that both the police officer who recorded her statement and the district officer who recorded her confession statement could have omitted to write such crucial information that forms part of her evidence, if indeed she told them such.

In addition, Ms Boitumelo noted that Tau made her statement to the police two days after the incident had happened and therefore the information was still fresh in her mind to the extent that it could have been easy for her to frankly tell the police all what happened. 

Furthermore, she submitted, upon being informed that her boyfriend, Phuthego, had died and was now facing a murder charge, as she was previously facing a lesser charge of grievous bodily harm, she changed her stand and told the judicial officer that prior to the assault, the deceased had tried to hit her, but fortunately dodged the blows. 

She therefore dismissed insinuation that she had informed the concerned officers and thus labeled such a move an irrational afterthought aimed at escaping from the offence.

In addition, she said Tau was unreliable in that she informed former police constable, Ms Tony Kgati that she had left for the lands to check on the goats when they were looking for her on the day of the incident while on the other hand she wrote in her statement that she went home and later went to entertain herself at the local village bars. 

Giving evidence in chief, Tau, who was led by her attorney, Mr Gabriel Kanjabanga, told the court that she merely assaulted Phuthego with two stones and a half stock brick in reprisal after the latter had punched her with a fist on her mouth, leaving one of her tooth chipped and bleeding with excruciating pains in the mouth. 

According to Tau, the deceased, whom they co-habited and had two children aged nine and 11, left Mahotshwane settlement at around 8am to draw water at Sekoma for her aunt with the agreement that he would return immediately so that the two could go and kraal their goats at Dikantsi lands.

Tau, who later went to a beer spot and had some to while away time, told the court that she became incensed because of the pain, but had no intention of killing the deceased.

Tau is accused of the murder of Phuthego in Mahotshwane settlement near Mabutsane, after hitting him three times with stones on the back of his head on August 27, 2011. He died two months later on October 8, 2011 at Gaborone’s Princess Marina Hospital.
Meanwhile, in his final submission, defence lawyer Mr Ganjabanga said the state had not proved the intension to kill. 

He said it should be established through evidence that there was malice aforethought on the part of the accused. 
Mr Kanjabanga said at the very least, the accused intended to harm the deceased and not cause grievous bodily harm. 

He said this is because the two had a misunderstanding since the man failed to come back on time so that the two could go together to kraal their goats. 

The defence lawyer said if this could not be established at least the court should otherwise find her guilty of murder with extenuating circumstances. 

This is because the stones she used to assault the deceased were only picked on the way between the passages they were passing through.
Judgment has been reserved for November 11 while Boitumelo’s bail has been extended until then. ENDS