24 Oct 2017

Scores of people last Friday (October 20) were left disappointed when Chief Justice Mr Maruping Dibotelo declared that the highly anticipated filing and verbal motivation of extenuating circumstances by defence lawyers in a murder case could not go on as planned.

This new twist to the case came after the prosecutor in the murder of a Deluxe Cabs driver, Mr Vincent Mopipi failed to show up owing to a deep cut she sustained on her right foot caused by a glass cover which fell from the portrait of the State President in her office while she was about to leave for court.

Ms Sali Boitumelo, as she was profusely bleeding, was immediately ferried by Medical Rescue International (MRI) emergency crew to Gaborone Private Hospital (GPH).

Back at the Gaborone High Court people in the public gallery remained apprehensive, particularly that they had come with the sole hope of hearing the long awaited verdict which was expected to be delivered soon after filling of extenuating circumstances.      

To matter worse, a defence lawyer, Mrs Dikeledi Dingake, representing the first accused Matshidiso Boikanyo was also not present as she was said to be on sick leave. 

This was revealed by her junior Mr Tinashe Nyangu who subsequently tendered her sick leave note for record.

Mr Nyangu said Mrs Dingake will upon her recovery make written submission and subsequently come before court for oral submission.

In the meantime defence lawyer Mr Kabelo Nkwe, representing the second accused, Moabi Seabelo Mabiletsa cajoled the court to move the matter to next week, a request which could not be met as the Chief Justice said his diary was full the whole week and that he has an engagement in Francistown on October 20.

He therefore set November 2 as the new date.

Mr Mopipi was murdered on the night of September 13, 2013 at Block 9 in Gaborone West after taking would be clients from Puma Filling Station in Tlokweng, who had initially called saying they wanted to be taken to University of Botswana but later changed their destination.

Delivering his judgement last month Justice Dibotelo said the two convicts were pathetic liars whom the court could not rely upon as they sought to distance themselves from the crime though the circumstantial evidence squarely linked them to the crime.

He noted that the postmortem results showed that Mr Mopipi was stabbed 44 times, something which he said showed that the convicts were intending to kill without any justification as they were not acting on self defence.

Justice Dibotelo said though the prosecution which was led by Ms Boitumelo was based on circumstantial evidence, properly linked the two. ENDS