14 Mar 2022

Gaborone High Court has found Ogakolotse Bohitlha guilty of murdering his girlfriend in Tlokweng in 2016.

Passing judgment on Thursday, Justice Abednego Tafa said it had been proven beyond reasonable doubt that the deceased, Ms Chandida Fulukani died at the hands of the accused.

He said the nature of the injuries inflicted on the deceased were beyond reasonable doubt that the accused in inflicting the injuries had the intention to kill the deceased.

Justice Tafa further said the question to be resolved was whether the accused’s actions were unlawful and without any legal justification.

However, he said there was no doubt that the defence mistakes and self defence were not available to the accused and he did not seek to rely on them either, hence his actions being unlawful.

He said the accused, in his testimony, repeated his narrative that the deceased had relationships with other men.

Justice Tafa also said it emerged during submissions that the accused relied on the partial defence of provocation and pleaded with the court that he be acquitted of murder and convicted of the lesser offence of manslaughter.

Although the accused stabbed his lover after discovery of messages from the phone, Justice Tafa said, no matter how distasteful the exchange of messages between the deceased and other lover may be, this could not be held to be unlawful and let alone adulterous.

He said whatever the case may be, the act of stabbing the deceased with a knife in the abdomen and the upper body, not once but several times did not bear a reasonable relationship to the perceived provocation.

“I am satisfied though that although provocation in this case cannot reduce the crime of the accused from murder to manslaughter, it is clearly capable of constituting an extenuating circumstance on a conviction for murder,” he added.

Justice Tafa said he had no doubt that the accused was hurt and provoked by the unfaithfulness of his girlfriend on more than once and added that the accused did not arm himself for the purpose of killing the deceased.

Instead, he said the accused picked up a knife available at the scene and stabbed the deceased once adding that the emotional hurt he suffered played a role.

“In the result, the accused is found guilty of murder with extenuating circumstances,” he stated.

Bohitlha who pleaded not guilty to the murder charge, killed his girlfriend on December 16, 2016 at Botshabelo Ward in Tlokweng by stabbing her several times with a knife following a dispute over the deceased’s several love affairs with other men.

Bohitlha would appear again before Justice Tafa for mitigation and sentencing on May 12. Ends