Cousin cleared of murder charge after 11 years
Mogwera Bokhutlo is only 34 but for the last 11 years of his life, the Sefhare man has been living with a murder charge hanging heavy over him.
On Monday, the weight was finally lifted as Francistown High Court acquitted and discharged the accused, ruling he acted in self-defence when killing his cousin, Michael Bokhutlo on 15 November 2015.
Court also found Mogwera, who has been out on bail this whole time, was provoked, further noting the state failed to present sufficient evidence to prove his guilt.
All three witnesses called by the state did little to help the prosecution’s case, with their testimonies all suggesting the deceased was the aggressor.
The first witness, Mosalagae Obonetse, revealed they had been out ‘at entertainment’ and when the place they were chilling at closed, Mogwera invited them to his homestead to continue drinking traditional brew.
“While we were there the deceased came and kicked our beer to the ground. Mogwera then went to buy another beer but on the way the deceased punched him with a fist on the neck and the accused asked why he was doing this. While he was speaking, the deceased kicked him on the face and a fight ensued. They were separated, but the deceased then attacked Mogwera with a stone until they started wrestling, with the deceased on top of the accused,” Oboneste told court, his account corroborated by the two other witnesses, Rebaone Bokhutlo and Kelebemang Bokhutlo.
It was heard Michael brandished a knife, and in the scuffle that ensued, was stabbed with his own weapon. The postmortem found he died from a single stab wound to the chest which punctured his heart.
Cleared of the charge and finally free to get on with his life, a beaming Mogwera spoke to The Voice outside court, declaring justice had been served.
“I have been pleading not guilty and the court saw that I was telling the truth. I am so relieved because I had been wondering what would happen to my child if I went to prison; it would have hurt me to go away for something I did not do; I am so happy,” said the mild-mannered man, who had packed a small backpack for prison in case the court’s decision didn’t go his way.
It did, and Mogwera hurried home to celebrate with his child, a renewed spring in his step that has been missing for almost 11 years, speeding away as if worried court might change their mind.
