Court frees man convicted of sjamboking woman to death

03rd November 2017
Ian Kirby Source:The Midweek Sun


By Kemoreilwe Jimson - Reporter

One man from Serowe, Emmanuel Mosanako who was sentenced to eight years for murder in 2016 by Justice Lot Moroka this week was comforted by Court of Appeal (CoA) when they upheld his appeal. On the 13th October 2016 Mosanako was convicted of the murder of his partner Gobotlhalemang Ketlhobogile (Mampana). He was accused in the charge to which he pleaded not guilty, of murdering Ketlhobogile at Mogatsapoo lands, near Serowe between the 1st of January 2011 and 4th January 2011. Ketlhobogile passed away in Sekgoma Hospital on 6th January 2011.

Mosanako was sentenced to eight years imprisonment. Delivering judgment, Judge President, Ian Kirby said Mosanako’s conviction for murder was not safe and that he had not been proved to have caused Ketlhobogile’s death. According to particulars of the offence, the state called six witnesses to establish its case, and relied upon the admission made by the defence of the summaries of some potential witnesses.

A key witness was the appellant’s childhood friend Mooketsi Segotso known as Paymaster who testified that on New Year’s Day, 2011, he attended a party at his sister’s place at Mogatsapoo Lands. Also present were the appellant and Mampana. They drank all day until, in the late afternoon, it was time to kraal their donkeys. The deceased was very drunk but left with them. He parted with the pair along the way. Two other witnesses, whose testimony was admitted, confirmed that when they left, the appellant and deceased were not quarreling.

Next day Paymaster met the appellant for more drinking. This time the appellant was alone, and related how he left the deceased behind when he kraaled his donkeys, and returned to find her asleep beneath a tree. He took her home, where they spent the night together. Again on the following day, Paymaster and the appellant drank together, this time at the appellant’s home. In the evening the appellant left for deceased place and he did not see them again. Next morning, he heard that the appellant and a certain Kealotswe Lephetsogile had found the deceased at her home seriously injured. She had been assaulted by unknown assailants, and they had taken her by donkey cart to Sekgoma Hospital in Serowe.

The other witness Lephetsogile testified that at about 8.00 pm on 3rd January 2011, the appellant came to him to report that the deceased had been assaulted by unknown Zimbabweans and was unconscious. She had injuries on the left hand side of her face and could not speak. They spent the night there, and took her to Sekgoma Hospital next morning. Mosanako also repeated the same thing to the police on 4th January 2011 that his girlfriend was assaulted by unknown people. But it was later after he spent a night in police custody that he admitted assaulting the deceased at his home with a sjambok. He was taken to his home, where the sjambok, a stick with a length of fan belt or timer-belt attached to it was recovered. He also handed in the clothes he had been wearing on 1st January 2011 all of which had bloodstains on their front parts.

There were no bloodstains on the sjambok, he said he used an engine belt to assault the deceased. “In those circumstances the “pointing out” of the sjambok by the appellant was also colourless in so far as the murder was concerned. And as for the bloodstained clothing the appellant explained that his clothes were so soiled when he lifted Mampana into the donkey cart. “No blood was found on his shoes or on the sjambok. That explanation was not shown to be false, and it was for the purpose of obtaining it that the Judge placed the appellant on his defence,” said Justice Kirby.

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