30 Mar 2022

A manslaughter convict, Ishmael Lekolori was on Tuesday sentenced to three years’ imprisonment, wholly suspended, for killing his own brother. 

The sentence pronouncement by Justice Abednego Tafa led to smiles and hugs from the family members and defence attorney, as they welcomed court’s mercifulness. 

Justice Tafa had in his sentencing, pointed out that the family, had requested the court to temper justice with mercy, through defence counsel, Ms Mokgabo Thobega. 

“This is not surprising, taking into account the fact that it was the family members more than anyone else who have lived with both the deceased and the prisoner,” he said. 

Henceforth, he said the family knew the abuse that Ishmael was subjected to by his own brother. Justice Tafa further said the fact that he caused the death of his own sibling shall forever haunt him, adding that the family had lost one of their own and seeing another sentenced to a longer time in prison would be a further loss. 

The judge further said Ishmael acted under extreme provocation due to series of previous provocation and abusive acts perpetrated on him by the deceased, who was his older brother. However, Justice Tafa said human life was sacrosanct and those who take it must be punished and that the maximum sentence prescribed by the legislation for the offence was life imprisonment. 

He however said Ishmael was a first offender and had pleaded guilty at the earliest possible time, which could be interpreted as a sign of remorse. “I note that this is indeed a heart wrenching case of a man killing his own brother after a long period of self-restraint,” he said. 

Therefore, he sentenced him to three years, wholly suspended for a period of three years, on condition that he would not commit an offence of which violence to another person would be an element during the suspended period. 

According to the facts of the case, Ishmael on or about February 6 2016, at or near Gapanyana ward in Lehututu in the Kgalagadi district, unlawfully caused the death of his brother. 

The convict was said to have used an axe to strike the deceased on the head, to defend himself from the deceased, who had attacked him. Attorney Ms Thobega had during mitigation told the court that the family had time and again addressed the violence displayed by the deceased towards the accused. 

“The accused acted in the heat of passion caused by sudden provocation by the deceased,” she stated when mooting for a suspended sentence. The state was represented by Ms Tebo Monyeki and Ms Amogelang Olerile from the Director of Public Prosecutions. ends