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Court hears closing arguments in Coligny murder case

Dooreward and Schutte
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The state and defence delivered closing arguments in the trial of Pieter Doorewaard and Phillip Schutte in the North West High Court in Mahikeng on Tuesday. The duo is charged with the murder of 15-year-old Mathlomola Mosweu, in Coligny last year. The teenager’s death sparked violent protests and racial tension in the town.

The accused maintain their innocence, alleging that Mosweu had jumped from their vehicle on the way to the police station.  However, state witness Bonakele Pakisi, testified that Mosweu had been kidnapped and assaulted by the accused, after having allegedly witnessed them throwing the boy off the vehicle.

The state’s case is  resting mainly on Pakisi’s testimony, who the defence claims, was not even at the scene. The defence  is pointing out various discrepancies in his testimony and police statements.

The state argues that the court should convict the accused of murder, based on the legal principle of dolus eventualis. Meaning that they should have foreseen that their actions could lead to Mosweu’s death.

Addressing the state’s argument surrounding dolus eventualis,  the defence argued that Mosweu had cooperated, and that they therefore could not have foreseen that he would jump.

The case has been postponed to October 17 and 18, when judgment will be delivered.

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