The high court in Polokwane, Limpopo has found a former police officer guilty and sentenced him to 25 years in jail for the murder of his neighbour’s child.
Lesiba Machabaphala killed young Alicia Mohlaloga in October 2020.
Mashudu Malabi-Dzhangi, spokesperson for the National Prosecuting Authority (NPA), said Machabaphala was also convicted of attempted murder.
Also added to the charge sheet were malicious damage to property, endangering the lives of other people by shooting negligently, and defeating the ends of justice.
The court ordered that the sentences run concurrently.
“The accused and deceased were staying in the same homestead as tenants,” Malabi-Dzhangi said.
“On October 2 2020, he was seen moving about the house carrying a firearm and fired about 14 shots at the door wherein the deceased and her mother were sleeping.
“The door leading to the deceased’s room was damaged and one of the bullets struck her. The accused further refused to allow the deceased to be taken to hospital.”
Machabaphala is said to have instructed a witness to transport him, his wife and child away from the murder scene, and hid the murder weapon at a nearby shelter.
In court, Machabaphala pleaded not guilty.
In mitigation of sentence, the defence said the accused is a first-time offender, is a breadwinner, has two minor children, and has lost a job.
It went further to mention that Machabaphala has been in custody since 2020, and that he may have been under the influence of alcohol when he commited the crime.
In aggravation of sentence, state advocate Ronald Sithada said the accused did not show any remorse during trial.
He also said the accused only admitted to have killed the deceased in mitigation, hoping for a lesser sentence, and that the mother of the deceased has lost her only child.
According to Sithanda, the community looked up to the accused for protection because he was a former police officer, but instead he killed one of them.
The state advocate asked for a life sentence, arguing that there are no substantial or compelling circumstances to deviate from the prescribed minimum sentence.
The NPA welcomed the sentence and said it hopes it will send a strong message that no one is above the law.
The director of public prosecutions in Limpopo, advocate Ivy Thenga, applauded the work of the state prosecutor and the Independent Police Investigative Directorate investigator.
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