20 Apr 2024

The Court of Appeal (CoA) on Friday dismissed a plea by murder convict, Tefo Mogose, who was appealing his sentence for the murder of Modiredi Ramotlopi in July 2017.

Mogose was slapped with 15 years by the High Court for the murder with extenuating circumstances after he stabbed Ramotlopi with a knife at Millennium Bar in Molepolole following a misunderstanding.

In his appeal, Mogose had argued that the lower court had misdirected itself on several factors, among them in concluding that when he stabbed the deceased he was not under attack from him and that neither was he provoked nor acting under self-defence.

He also said the lower court misdirected itself by holding that he waylaid the deceased before stabbing him, and that by the time he stabbed the deceased he had had enough time to calm down following the misunderstanding.

The Court of Appeal, however, upheld the decision by the High Court and dismissed the appeal, indicating that the lower court rightfully ruled on all the points raised as grounds for appeal.

The three panel Justices of Tebogo Tau, Leatile Dambe and Mercy Garekwe said although there was no doubt that the deceased had provoked the appellant, the latter’s action was unjustified looking at the passage of time between the provocation and the stabbing.

The CoA also upheld that Mogose was not under any attack when he stabbed the accused as he waylaid him. The Justices also ruled out any provocation.

The background of the case is that on July 2017 at Millennium Bar in Molepolole, the deceased found the appellant drinking Chibuku and that he took it from him without his permission. The appellant protested and the deceased pelted him with bottles and destroyed his other cartons of Chibuku.

The appellant then waylaid the deceased at the entrance of the bar and stabbed him on the chest as he tried to enter. He was rushed to hospital where he was certified dead. BOPA