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Court of Appeal condemns cab driver killers to death

Publishing Date : 11 February, 2019


The Court of Appeal (CoA) yesterday (Friday) upheld an earlier judgement by High Court which condemned to death Matshidiso Boikanyo and Moabi Mabiletsa for murdering Vincent Mopipi in 2013. Mopipi, a cab driver was stabbed multiple times with a butcher knife to death on the 13th of September 2013 in Gaborone Block 9 location.

On the fateful night the two had called a cab claiming they needed transportation from Tlokweng to University of Botswana. Mopipi went to pick them and along the way they changed destinations saying they wanted to go to block 9. Upon reaching Block 9 the two men were said to have brutally killed the deceased. When delivering the sentence the three men panel, ruled that the accused persons on the 13th day of September 2013, at Block 9, jointly and with common purpose murdered Vincent Mopipi.

According to the evidence presented before the court, the duo used a table knife or what everyone agreed was or referred to as a butcher knife, with which they stabbed the deceased all over the body 44 times. The trio judges referred the case as one of the most heartless murders and therefore dismissed both appeals by appellants against both conviction and sentence. The court concluded that the prosecutor had correctly submitted that there are aggravating factors in this case.

“Those aggravating factors include the fact that the murder was not committed in the spur of the moment but was premeditated,” they concluded. When submitting their heads of argument, the first appellant filed that the Judge erred in convicting the first appellant on the basis of Electronic records evidence when such evidence was in inadmissible and unreliable.

The first accused person’s attorney, Tshedukane Elijah conceded that the act was not in force then. He further pointed out that the High Court erred in finding that the deceased picked more than one person and that the first appellant was one of them. He argued that the court further erred in finding that the appellant and another person murdered the deceased at Block 9 when evidence suggests that there was only one perpetrator. The second accused persons also argued that the sufficiency of evidence led to a conviction. The second argument was the unreliability of the DNA.

The second appellant’s lawyer Mshingo Jeremia further argued that the Judge erred in convicting the second appellant on the basis of the DNA evidence when the evidence was insufficient to found a conviction, and did not meet the criteria applicable for circumstantial evidence.
In another case two more killers Tshiamo Kgalalelo and Mmika Mpe were this the Friday confirmed by the Court of Appeal to hang. The Ghanzi farm workers were convicted in 2017 for brutally killing and burning their employer Reinette Voster.



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