20 Jun 2019

Murder convict, Thabo Masilo, has escaped a death penalty due to existence of extenuating circumstances.

Delivering a ruling on the existence of extenuating circumstances June 20, Justice Abednego Tafa of Gaborone High Court said when viewed cumulatively, the accused’s youthfulness, binge drinking and the smoking of dagga on the day he committed the offence, absence of a direct intention to murder the deceased as well as his slow development as a child, constituted extenuation.

Therefore, Masilo would not be subjected to capital punishment. 

Justice Tafa said in her evidence, the accused’s mother, Ms Victoria Masilo, testified that in addition to having no father figure during his upbringing, the accused had developmental challenges that manifested themselves when he was under a year old.

He said the witness had told the court that Masilo had a hearing problem, which still persisted and had resulted in late speech development and consequently starting school late. 

His mother had also told the court that he was a slow learner who took decisions indicative of lack of prioritisation. 

Justice Tafa also stated that while the court had found the accused to have gone to the deceased’s place with the intention to commit a crime, it could not be said with any degree of certainty that his intention was to commit murder, especially since he had gone there unarmed. 

On his intoxication, Justice Tafa said though it appeared Masilo exaggerated the extent to which he had taken alcohol and dagga, in the absence of contradicting evidence by the prosecution, his submission that he was indeed intoxicated could not be disregarded. 

In the end, Justice Tafa ordered that Masilo be finger-printed to ascertain whether or not he had any previous convictions. 

Masilo was in December last year convicted for the 2012 murder of Tshepang Motlhabane. He is due back in court on June 28 for sentencing. ends