01 Dec 2021

The Maun High Court on Tuesday sentenced Kemmonye Motswiri to 11 years in prison for murder.

The facts of the matter are that Motswiri on January, 2018 in Chanoga, hit his partner Tshwanelo Kelaotswe with a metal rod, which caused her death.

The accused  and the deceased  have five children.

The court on September 3, convicted Motswiri for the offence of murder following his plea of guilty.

When sentencing the accused, Justice Bugalo Maripe stated that the court took into consideration that Motswiri was a law abiding citizen and a first offender.

He stated that the court also considered that the accused person’s plea was voluntary, which showed remorse and that he abided by his bail conditions and never committed any other crime.

The court, he said, found extenuating circumstances as the murder was not premeditated.

Judge Maripe said the accused person found himself in an unfortunate situation after realising that his partner was choosing another man over him.

“It shows that murder was not premeditated and the fight was as a result of the deceased’s cheating,” he said.

Particulars of the offence are that the two lived together at the girlfriend’s place at Chanoga and on that fateful day of January 17, 2018, the accused person came from work at around 1pm and found the deceased at a shebeen with some of her family members.

Court heard that Motswiri allegedly told the deceased to accompany him home so that he could prepare to go to court where he was summoned, but the deceased refused and said she would follow him.

The deceased allegedly never followed the accused person, then the accused person came back to the entertainment spot where he found the accused holding a phone belonging to a certain Kenalemodisa.

Motswiri allegedly overheard the deceased’s cousin asking the deceased to bring more alcohol since she had a new partner and Motswiri sat down and drunk beer.

It is alleged that there was a proposal to go to another shebeen and Motswiri was left behind chopping some firewood.

When Motswiri arrived at the next shebeen, he allegedly found his partner sitting next to Kenalemodisa, whom he did not know but had heard about him before.

Court further heard that the deceased used to disappear for about two months leaving Motswiri with their children, two minor twins who were under weight.

It is alleged that Motswiri asked the deceased to go home with him but the deceased spoke in Sesarwa to her cousin and Kebonyedisa, insinuating that she was going to drop Motswiri and return, unaware that the accused person understood the language.

While at home, Motswiri allegedly asked the deceased to cook but she refused and said she was going back. She is said to have ran to her mother’s house and came back, only to throw stones at Motswiri.

That, the court heard, provoked Motswiri who picked something from the ground and hit her partner.

Upon realising that the deceased person was not responding, Motswiri went to the police and reported that he had killed a person.

Judge Maripe said that Motswiri was drunk when the unfortunate situation happened and also felt that the deceased person was cheating on him.

He said although Motswiri deserved a minimum sentence, his actions resulted in loss of human life and his punishment should show that no one should take away human life. ENDS