16 Jan 2024

The Court of Appeal is set to deliver judgment on February 23 regarding the fate of murder convict, Moses Kanika, who is appealing the death sentence issued by the Francistown High Court.

Kanika, through his lawyer, Mr. Reneetswe Rabosotho, expressed no objections to the conviction. He was sentenced to death in 2021 by the Francistown High Court for the murder of his ex-girlfriend, Palalani Tafila, in June 2016. The autopsy report presented during the judgment indicated that Kanika had stabbed Tafila 12 times in the chest and breasts.

Mr Rabosotho argued that the trial judge had failed to properly consider the extenuating factors presented.

He pointed out that Kanika was intoxicated at the time of the offense, and that there was no evidence of premeditation.

“We are convinced that the trial judge did not fully consider the absence of premeditation and intoxication. We have filed our arguments to support our appeal,” he stated.

Mr Rabosotho further argued that if the high court had considered these factors, it would have reduced the moral culpability of his client.

“Failure to consider these factors heavily influenced the sentencing,” he added.

He emphasized the importance of fair trials that take into account all relevant factors while also acknowledging the need for the courts to protect society.

On the other hand, Mr. Moatlhodi Macheng, representing the Directorate of Public Prosecution, contended that the Court of Appeal should only intervene if the lower court had made errors in its sentencing, which he argued was not the case here.

Although the trial judge did not extensively address the presence or absence of premeditation, Macheng noted that the evidence in the case suggested premeditation.

However, Justice Johan Froneman of the Court of Appeal raised questions. He inquired whether the convict’s attempted suicide nine days after the incident indicated remorse, potentially suggesting that he had no intention to kill.

Additionally, he questioned whether the offense could have occurred after a family meeting, where it was resolved that Kanika should end his relationship with the deceased if it was premeditated. ENDS