A young man who killed his drinking pal when he was a 16 -year- old teenager in 2006 was this week found guilty of murder and released from jail.
Moagisi Montshwari (23) was charged with murder and locked up to await trial after he killed a man at a drinking hole by puncturing his heart with an knife seven years ago.
This week Montshwari was convicted of murder and immediately set free from prison because his trial had dragged on for too long.
High court Judge Mphaphi Phumaphi tempered justice with mercy when passing his sentence and took into consideration that Montshwari was a juvenile at the time he committed the crime.
“In sentencing him I have considered his youthfulness and exuberance.
The accused has spent a long time agonizing over the outcome of the case which in itself was perennial punishment.
The delay in bringing this matter before court runs against the grain of justice,” Judge Phumaphi said.
The Judge further noted that he was convinced that the six years that the young man spent behind bars waiting for the outcome of his trial was, “reasonable punishment” for the offence.
In his very brief evidence the accused said, “ I don’t recall much detail about the incident or the investigating officer because it was a long time ago. But I was last on bail in 2008.
I don’t know how old I am and neither have I ever been to school.”
The brief background given in court indicated that the accused was at a traditional brew and Chibuku depot on Christmas Eve of 2006 where music accompanied the merry making.
The victim, Hulaolathe Gaolatlheope got up to dance with a woman alleged to have been Montshwari’s girlfriend.
Feeling proved Montshwari asked Gaolatlheope if they could talk about the incident,which the latter didn’t agree to.
“The accused executed the fatal blow and then ran away.
The deceased tried to give chase but collapsed at the entrance of the homestead where he died.” said the Judge before delivering his sentence.
Medical evidence indicated that Gaolatlheope ‘s death was due to haemorrhaging and shock.
Montshwari was represented by Themba Joina while Chabata prosecuted on behalf of the state.