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That’s murder, not ‘balls’ defense– court tells convict

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The Gaborone High Court has convicted Boyboy Lesele for the murder of Matshediso Racheru on July 1st, 2015 in Ramotswa.

The bartender was immediately whisked away to prison where he will spend some time before his sentencing next month.

Justice Gabriel Komboni found Lesele guilty after pointing out at loopholes in the accused person’s defence, adding that the prosecution has proven beyond reasonable doubt that he killed the deceased by hitting her with a firewood or log and she died a day later in hospital.

“There is no doubt that the deceased died of the wounds that were caused by the accused person who hit her twice with a blunt object on her head. The deceased sustained two fractures on her skull and there was blood in her brain,” Justice Komboni said in his ruling.

In his Evidence in Chief, Lesele had told the court that he hit his girlfriend after she insulted him as well as his mother, and that she regularly did that when she was drunk.

He said that on the night of the killing, the deceased person who had been drinking with friends at Dinare Bar, had wanted to top up her drunk status by smoking dagga to which he protested.

An argument ensued followed by a physical fight and the deceased grabbed his balls and held tight until he decided to hit her with a nearby firewood, he told the court.

However, State witnesses told the court that they did not hear any argument between the lovebirds despite the proximity of their bedrooms to the fireplace where the killing occurred.

The only eye witness, with whom the deceased had been drinking earlier, told the court that she saw the accused person hit the deceased with the burning log and that she saw burning ashes around Matshediso’s head.

Justice Komboni stated that the accused person’s version of self-defense was an afterthought in that he did not tell the Investigating Officer about how the deceased held tight his balls nor did he go and seek medical attention after the alleged fight.

“This is false. Even if I give the accused the benefit of doubt and assume that the deceased held a grip at his balls, this did not justify the gravity of the assault he inflicted on her. The attack was vicious as there were two fractures on the skull and blood in the brain”.

The judge said that the pathologist report indicates that the accused person used excessive force disproportionate with the pain and the provocation he claims was caused by the deceased.  He pronounced the guilty verdict and revoked Lesele’s bail ordering his immediate arrest. The prosecution and defense will meet again next week when they will argue on whether or not there is existence of extenuating circumstances.

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