Death due to unlawful actions - Defence attorney
FRANCISTOWN: An Investigations Officer (IO) recently admitted that a person who had died after he was stabbed with a knife in 2016 met his fate because of his unlawful actions.
The IO, Ottilia Toteng, said so when responding to questions from the defence attorney, Charles Tlagae, in a case in which Kokeletso Kukama is alleged to have murdered Ishmael Kgopolo, 49, on January 30, 2016 at Jwenyane lands near Serowe in the Central District.
Under cross-examination from Tlagae after she had earlier on explained her findings following her investigations, Toteng told Justice Phadi Solomon that on that fateful day, Kgopolo had invited Kukama to come and share a local brew called Khadi in the vernacular with him at one Botsalelwang Papiso’s place.
Toteng said when she and other police officers arrived at Papiso’s place they discovered that many people were drinking a traditional brew known as Khadi.
When asked by Tlagae if during her investigations, it emerged that the deceased was the one who was aggressive towards the accused, Toteng responded in the affirmative.
“During my investigations, I also found out that the accused was a Mosarwa and the deceased had expressed his intentions to kill him saying in Sekalaka language that “Ndo bulaya nkhwa” which translates to, “I will kill a Mosarwa or I am going to kill a Mosarwa” in English. I also confirm that the accused had visible injuries on his body that were caused by the deceased. Other witnesses said that they saw the deceased clapping the accused and also hitting him with a log. I also confirm that the accused ran away to the kraal when the deceased was assaulting him,” Toteng explained.
After the accused ran away, Toteng further said, the deceased chased after him.
Quizzed by Tlagae that Kukama is pleading self-defence in the matter because he ended up stabbing the deceased with a knife since he was under sustained attacks from the deceased on numerous occasions, Toteng said that she agreed with Tlagae.
“At the point when the deceased was stabbed, he had followed the accused who had ran away still saying that he wanted to kill him. The deceased was also holding a pestle that he threatened to strike the accused with. The accused never retaliated when the deceased was assaulting him. I also confirm that at one point, the deceased followed the accused at the back of the house where he had escaped to in a bid to avoid him. I confirm that when the accused ran away from the deceased, it was a very reasonable thing to do. The accused had at another point also told the deceased that he did not want to fight with him,” said Toteng.
According to Toteng, another person who was only mentioned as Tabona tried to intervene telling the deceased to stop assaulting the accused but the deceased did not listen…
“I also agree that the deceased had also used a log to assault the accused and he also wanted to assault the accused with a pestle,” said Toteng.
Asked by Tlagae if it was not clear that by following the accused when he escaped on numerous occasions, the deceased wanted to execute his mission of killing the accused as he had said so on numerous occasions before he met his fate, Toteng answered in the affirmative.
“I also agree that the accused stabbed the deceased when the deceased was slapping him. I agree that the deceased met his fate because of his unlawful actions that he meted out to the accused,” Toteng concluded.
Justice Solomon will deliver a ruling on whether or not the accused has a case to answer on December 10.
Dimpho Ogotseng from the Directorate of Public Prosecutions (DPP) represented the state in the matter.