The Court of Appeal (CoA) this morning upheld a High Court’s decision to sentence murder convict, Mooketsi Kgosibodiba to death.
Kgosibodiba was convicted for the murder of Benjamin Mokobela in February, 2012 at Makobo village.
According to court documents, the deceased was found dead, lying on the floor of the house that he shared with Kgosibodiba.
A Court of Appeal bench today ruled that: “A lot of emphasis was laid on the fact that the appellant (Kgosibodiba) and the deceased had a strained relationship resulting from the fact that the deceased believed he was stealing his property and was always complaining about the issue.”
The judges further believe that the evidence on record does establish that the complaints of theft were well founded.
“On this basis the deceased was entitled to complain. The bottom line is that although he did not have duty to prove the existence of extenuating circumstances, as the only person who knows what happened he could give a clue,” reads the judgement in part.
The CoA bench further believes that on the other hand aggravating circumstances were well established during the case.
“The killing was attended with great brutality resulting in a punctured laceration on the forehead and fractures of his arm in addition to strangulation, which causes slow painful death”.
The appeal against the death sentence was subsequently dismissed.