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Nelly Mohaladi of Sedie ward in Maun who was recently found guilty by the Maun High Court Judge Godfrey Nthomiwa for murdering a 70-year-old man of the same ward in 2017 over a traditional beer brawl has pleaded for a lesser sentence.
The 29-year-old, who was 23 at the time of committing the offence is said to have on the 25th September 2017 hit Keamogile Bathali with a knob-kerrie at a drinking spot in Sedie following a brawl over a traditional beer. The deceased would succumb to his injuries the following day.
Appearing before Nthomiwa for mitigation of Tuesday, the convict through his attorney Charles Tlagae pleaded for a lesser sentence arguing that by the time of committing the offense he was young and immature.
Tlagae further argued that the defendant was intoxicated and was provoked by the old man hence he swiftly acted without having to think about what he was doing.
According to evidence led during trial, Mohaladi found the deceased at the shebeen and requested that the deceased share his beer with him. When the deceased rejected, the accused then took the beer and poured it on his face.
Evidence brought before court also revealed that the deceased then hit Mohaladi with a knob- kerrie leading to the accused taking the same weapon and hit the deceased countless times on his ribs and neck. The deceased was taken to Letsholathebe II Memorial Hospital where he was later discharged only to succumb to his injuries the following day.
Convicting the defendant last month, Nthomiwa noted that state prosecution proved their case beyond reasonable doubt against the accused person. He highlighted that the manner in which Mohaladi continuously hit the deceased while on top of him even when people tried to stop him shows that his action was not an act of self-defence as he initially argued.
“He was using a weapon and it was that object which caused the injures to the deceased which he succumbed to, the accused is therefore found guilty of the murder of Bathali,” Nthomiwa delivered the judgment.
Mohaladi will appear in court again on the 7th of December, 2023 for sentencing.
