Court convicts Motlhokodise of manslaughter
09 Feb 2024
Gaborone High Court on Friday convicted Randy Motlhokodise of manslaughter.
Motlhokodise was found guilty for the death of Onalethata Ketlhalefile. Particulars of the matter are that on August 31 in 2014, Motlhokodise travelled from Mookane where he had gone to pick his children and grandmother, picking various hitchhikers along the way, including the deceased.
The particulars further indicated that the deceased alighted at the Malotwane turn-off where a scuffle ensued as he demanded his change after paying, threatening to kidnap one child on the nearby seat.
It is further stated that during the scuffle, Motlhokodise drove away, dragging the deceased some 80 metres while he was still holding on to the mini bus door, only stopping after fears that he had run him over following a thud noise underneath the vehicle.
He is reported to have loaded him in the combi and drove all the way to Mogoditshane to drop off the kids and grandmother, and informed them that he was driving the injured man to the Princess Marina Hospital.
Evidence before the court however, was that the injured man never reached the hospital as Motlhokodise instead dumped him in the bush near Sir Seretse Khama International Airport where he was later discovered dead.
All these, according to Justice Michael Leburu of Gaborone High Court indicated that the convict failed to exercise the duty of care he was supposed to show to the deceased.
“First you failed to ensure the safety of the deceased before you drove off the combi to join the road while he was still holding on to the door, and the fact that you ignored the plea of other passengers to stop as you were likely to run him over also indicated’ he said. Justice Leburu also said that after injuring the deceased, any reasonable man would have prioritised taking them for medical attention, but Motlhokodise instead prioritised a lesser matter of dropping off his passengers, and later threw the deceased in the bush instead of taking him to the hospital as he claimed. Justice Leburu therefore said that all those defeated the actions of someone who was sorry for his actions.
“In manslaughter, there should be clear indication that one made some efforts to preserve or protect the life of one they have endangered, and according to the narration of the events by various witnesses, the actions of the convict did not demonstrate such effort,” he said.
Justice Leburu therefore ruled that Motlhokodise displayed gross negligence of his duty to care, and that his actions had a direct link to the cause of death of Ketlhalefile. He therefore found him guilty of a single count of manslaughter.
He also ordered that Motlhokodise be fingerprinted to check for any previous convictions before his mitigation, which is set for March 6. Ends
Source : BOPA
Author : Olekantse Sennamose
Location : Gaborone
Event : Court
Date : 09 Feb 2024







