08 Nov 2017

Defence lawyers in a case in which two Tlokweng men have been convicted for the murder of a cab driver, Mr Vincent Mopipi, have blamed alcohol consumption as the root cause for the murder.

Making submissions at Gaborone High Court recently before Chief Justice Maruping Dibotelo, the attorney representing the first accused, Ms Dikeledi Dingake said her client Matshidiso Boikanyo had consumed alcohol on that day of September 13, 2013.

She said it was not in doubt that alcohol affected the thinking and decision making ability of a person, and that as such it should be treated as an extenuating circumstance in the matter before court.

Attorney Dingake further said Boikanyo had in his evidence in chief testified that he had imbibed alcohol with his friends at Aeros Bar in Tlokweng.

For his part, the attorney representing the second accused, Moabi Mabiletsa also blamed alcohol, as he said it played part in the decision taken by his client, adding that he could have probably acted on the spur of the moment.

Mr Kabelo Nkwe said the quantity of alcohol consumed on the day should not be an issue because many law authorities had sufficiently dealt with that issue before, arguing that even if the intake was minimal it had the potential to influence wrong decisions.

Mr Nkwe also said the murder was not premeditated because when the accused called the cab they did not target Mr Mopipi.

Another point which he prayed the court to critically looked into, he said, was the youthful exuberance of the accused as he was still under the age of 35, which was wildly regarded as the youthful age limit.

Meanwhile, the state prosecutor from the Directorate of Public Prosecutions (DPP), Ms Sali Boitumelo asked the court to dismiss the defence’s submission on the basis that the murder was premeditated looking at the fact that the deceased was stabbed four times with a knife.

She said there was no evidence to suggest that there were any extenuating circumstances surrounding the case because the two accused lured the victim so that they could kill him for their selfish gains, as they later drove away with the vehicle they got from him.

She said this was supported by the fact that they changed their earlier place of destination from University of Botswana to Block 9 in Gaborone West in an effort to cover their track.

Ms Boitumelo further dismissed as absurd the argument that the two were influenced by youthfulness because at the time of the murder Boikanyo was 28 while Mabiletsa was 27-year-old, ages which clearly showed that they were in their adulthood stage.

Regarding the consumption of alcohol, Ms Boitumelo, who is still recuperating from her injury she sustained two weeks ago, said with regard to Boikanyo he has never categorically stated that he drank alcohol that was bought by his friends before soliciting the services of a sex worker.

She wondered how he could clearly remember the events of that day if he was drunk. She added that he said he was able to go home unaided and managed to insert a SIM card in his phone to call his brother to open the door for him when he retired for bed.

With regard to Mabiletsa, Ms Boitumelo said it was evident that he too was not drunk from the five Carling Black Label beers which he shared with four other friends and squandered within a space of two hours.

In addition, she said Mabiletsa clearly recalled the event of the day which included going out to buy some food and seeking refuge in a certain place when it rained before going home and sleeping at 7:45 pm.

A ruling on the matter is expected on December 1.

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 the University of Botswana but later changed their destination. ENDS