Murder accused Abueng Gaobonwe was discharged and acquitted by Gaborone High Court on Friday after the state failed to prove that he caused the death of Oageng Makabe in February 07, 2016 at Zoom Night Club in Gaborone.
Assuming the injuries caused by the accused person caused the death, the court ruled that the accused person acted in self-defence. Also considering that the deceased was involved in a number of fights in the night in question, the court was of the view that the prosecution has failed to substantiate the actual injuries which caused death and the fight which has caused such injuries.
Delivering judgement, Judge Michael Leburu said witnesses were called by the state to give viva voce evidence in court in relation with the February 07, 2016 murder of Makabe, alias “Man In Town” at Zoom Night Club in Gaborone.
Judge Leburu said one of the state witnesses, Qalisani Mabala, a bouncer at Zoom Night Club had stated that on the night of the incidents purported to have led to the death of Man-In-Town, he spotted what seemed like a tussle in front of an adjacent restaurant.
Upon investigating, Mabala said Man-In-Town was lying immobile and appeared to have a blood stain on his head.
Another state witness, Lopang Lekgowa told court that on the night in question he was with the trio of Bino, Boikobo and the accused person (Gaobonwe) drinking alcohol at Lalavoka Bar, which is in the vicinity of Zoom Night Club.
While they were entertaining themselves, Lekgowa said Makabe came from behind and shoved Gaobonwe on the shoulder, asking why he had hit him, to which Gaobonwe denied having done such a thing.
Judge Leburu said it was evidence before court that at that point Makabe’s temper had reached a peak as he threatened to kill Gaobonwe, reaching into his pocket and headed towards Gaobonwe.
Gaobonwe is said to have reacted by landing a fist on Makabe, kicked him and proceeded to hit him with a 750 ml glass beer bottle.
A witness told court that Man-In-Town was a thorn in the flesh of many at night joints and recalled an incident where he had pulled her with the hem of her trousers, and taken her cellphone and P50 note.
Judge Leburu said the post mortem report has revealed that the cause of death was due to multiple injuries.
He said at the end of the state case, the defence, in terms of section 180(30) of the Criminal Procedure and Evidence Act made a submission of no case to answer on the ground that the state had not been able to adduce sufficient evidence to connect the accused with the offence of murder or any further minor offence that the accused may face.
“The defence averred that the prosecution had not adduced enough evidence to find the nexus between the accused and the murder as charged,” Judge Leburu said.
The defence stated that Gaobonwe acted in self-defence and further elucidated that he was faced with an extremely tall and big man who was notorious for assaulting and stabbing innocent civilians.
Assuming the injuries caused by the accused person caused the death, the court ruled that the accused person acted in self-defence. Also considering that the deceased was involved in a number of fights in the night in question, the court was of the view that the prosecution has failed to substantiate the actual injuries which caused death and the fight which has caused such injuries.
Delivering judgement, Judge Michael Leburu said witnesses were called by the state to give viva voce evidence in court in relation with the February 07, 2016 murder of Makabe, alias “Man In Town” at Zoom Night Club in Gaborone.
Judge Leburu said one of the state witnesses, Qalisani Mabala, a bouncer at Zoom Night Club had stated that on the night of the incidents purported to have led to the death of Man-In-Town, he spotted what seemed like a tussle in front of an adjacent restaurant.
Upon investigating, Mabala said Man-In-Town was lying immobile and appeared to have a blood stain on his head.
Another state witness, Lopang Lekgowa told court that on the night in question he was with the trio of Bino, Boikobo and the accused person (Gaobonwe) drinking alcohol at Lalavoka Bar, which is in the vicinity of Zoom Night Club.
While they were entertaining themselves, Lekgowa said Makabe came from behind and shoved Gaobonwe on the shoulder, asking why he had hit him, to which Gaobonwe denied having done such a thing.
Judge Leburu said it was evidence before court that at that point Makabe’s temper had reached a peak as he threatened to kill Gaobonwe, reaching into his pocket and headed towards Gaobonwe.
Gaobonwe is said to have reacted by landing a fist on Makabe, kicked him and proceeded to hit him with a 750 ml glass beer bottle.
A witness told court that Man-In-Town was a thorn in the flesh of many at night joints and recalled an incident where he had pulled her with the hem of her trousers, and taken her cellphone and P50 note.
Judge Leburu said the post mortem report has revealed that the cause of death was due to multiple injuries.
He said at the end of the state case, the defence, in terms of section 180(30) of the Criminal Procedure and Evidence Act made a submission of no case to answer on the ground that the state had not been able to adduce sufficient evidence to connect the accused with the offence of murder or any further minor offence that the accused may face.
“The defence averred that the prosecution had not adduced enough evidence to find the nexus between the accused and the murder as charged,” Judge Leburu said.
The defence stated that Gaobonwe acted in self-defence and further elucidated that he was faced with an extremely tall and big man who was notorious for assaulting and stabbing innocent civilians.
