08 Feb 2019

Court of Appeal has upheld the Gaborone High Court verdict ordering that convicted murderers Moabi Mabiletsa and Matshidiso Boikanyo be hanged.

According to the charge sheet, the two, on or about September 13, 2013 at Gaborone’s Block 9 location, jointly and with common purpose murdered Mr Vincent Mopipi.

Delivering judgement in Gaborone Friday, Justice Zibane Makhwade noted that the deceased was made to drive the two from where he picked them up in Tlokweng to Block 9 where they murdered him.

Describing the murder as one of the most sadistic, Justice Makhwade observed that they used a table knife or a butcher knife with which they stabbed the deceased 44 times all over the body. 

He said the trial court found that it was Mabiletsa who arranged for a taxi to collect him from Tlokweng. It was further established that he changed the destination from UB to Block 9, where the deceased was killed.

The murder weapon was found in Boikanyo’s possession.

The judge said there was no rational basis for holding that the first appellant, Mabiletsa, parted with the deceased at Block 9 and then the deceased met with the second appellant, Boikanyo, who murdered him independently of his fellow convicted murderer.

Calling the murder premeditated, Justice Makhwade said the first appellant’s version of events was rejected as false, adding that the deceased happened to be a taxi driver nearest to the place where the caller was supposed to be collected from.

Justice Makhwade further noted that it was immaterial whether one or both accused persons physically inflicted the injuries that caused the death of the deceased.

 “What is clear however is that they were jointly involved in the execution of the murder. The first appellant called the cab and the second appellant was found in possession of a weapon that was used to kill the deceased. This was clearly a joint enterprise,” he said.

Each of the appellants had pleaded innocent claiming to have been at a different place at the time of murder.

The Court of Appeal bench said the prosecutor had correctly submitted that there were aggravating factors in the case, which included the fact that the murder was not committed on the spur of the moment, but was premeditated.

Justice Makhwade therefore dismissed the appeals against both conviction and sentences. ENDS