Thirty-eight-year-old Bhekisisa Maphepha of Lupane, Zimbabwe could not believe his ears, when Chief Justice Gaopalelwe Ketlogetswe acquitted and discharged him from the murder charge of Njabulo Ndlovu this past Tuesday.
Since 2018, Maphepha has been incarcerated for the alleged killing of his fellow country man and herd boy in Chikoloti lands near Goshwe village on the May 28, 2018.
During trial prosecution accused Maphepha of causing death injuries to the deceased after stabbing him with a spear on the neck during a brawl at his employer’s kraal.
However, Chief Justice Ketlogetswe ruled that the State has not succeeded in proving the guilt of the accused for the offence of murder.
“There is no evidence that the accused was seen carrying a spear when he went over to where the deceased was, where they ended up fighting. The spear it would seem was just a weapon of opportunity, if at all. The deceased had become provocative in opening the kraal without the accused’s consent,” highlighted Ketlogetswe stated in his judgement.
He ended, “In my view, this is a borderline case and in the absence of evidence pointing to the accused as the aggressor, the accused must be given the benefit of the doubt. As a result, the conclusion I have arrived at is that the State has not succeeded in proving the guilt of the accused for the offence of murder.”
Whilst seated in the empty Francistown High Court room waiting for his liberation order to be typed and signed Maphepha expressed shock and the ending seemed not real at the moment.
“I was nervous as the Judge was reading the judgement. In my mind I was doomed, especially now the Judge is Chief Justice. Did not see myself standing a chance”, continued the man from Lupane.
With no handcuffs or leg irons, head bowed seated on the front row of the court gallery, Maphepha says he can’t wait to be reunited with his family and relatives back home.
“I have not seen them for eight years. Travelling over here to visit me was not possible for them. They did not have the money, passports and place to stay if they came to Botswana. As soon as the authorities deport me, I have no intention of setting foot here again. I am going to start a new life back home”, said freed man
“All l wants to do is forget the ordeal have been through. I have eight years of my life behind bars.”
Maphepha who confessed to being a man of prayer and a pastor thanked God for his define interventions.
