Modise Mokwadi Fly

Case record

Background

Modise Mokwadi Fly was a Botswana politician and activist. He was the general secretary of the Botswana Congress Party Youth League.

Fly was convicted and sentenced to death in 2008 of murdering his two-year-old son. Fly was convicted of murder by the High Court in Francistown on 17 October 2008.

The offence

On 27 November 2006, Fly killed his son, Tawana Mosinyi, who was two years old. Tawana Mosinyi was sleeping when he was killed. Fly killed him with an axe while the boy was sleeping at Somerest location, Francistown.

The killing followed a quarrel with the mother of the child.

Investigation

Fly claimed that he had killed the boy accidentally while throwing an axe at police outside his window. Fly contended that the police had shot at him.

Justice Thomas Masuku later stated that “Countless efforts by the police to at least be given the child were rebuffed by the accused with little ceremony.”

Trial

During sentencing, Justice Thomas Masuku delivered his ruling on the defence plea of extenuating circumstances. Justice Masuku compared the circumstances in which Fly killed his two-year-old son to Kedisaletse Tsobane who also killed his daughter by strangulating her with a wire cable. Justice Masuku noted that Tsobane was recently hanged for the murder of his 10 year old daughter, Macfallen Kgotso after the Court of Appeal confirmed his conviction and sentence.

Justice Masuku’s remarks included the following:

“Although the circumstances in which the child in Tsobane was killed is different from that in the instant case, I am of the view that the situation was not markedly different, considering the much younger subject in this case, and the large axe which was used to terminate his young life. The very hands he had entrusted his life to were the very ones which destroyed it.
Countless efforts by the police to at least be given the child were rebuffed by the accused with little ceremony,”

When Justice Masuku mentioned “large axe,” Fly protested:

“My Lord, there is something I wish to say,”

Justice Masuku responded:

“Mr Fly, you are not allowed to say anything you wish to say until I finish my judgment. I will give you that chance”.

After Justice Masuku later gave Fly the opportunity to speak, Fly said:

“Accused persons like myself who had never had any brush with the law are prejudiced. What has happened to me will happen to others at the state prison,”

Fly also said:

“I say to the Mosinyi family to forgive me because I killed the child accidentally,”

The condemned Fly accepted the sentence rendered by the court.

Before the judgment, Fly apologised to the Mosinyi family.

Fly also addressed his relatives and sister with remarks that included:

“You are now alone and only trust God. You must be strong to stand against our relatives who were not there during our time of need. Some of them failed to counter fabricated evidence used against me in this case,”

Justice Masuku advised Fly to raise whatever complaints he had with the Court of Appeal.

Sentencing

On 21 October 2008, Justice Thomas Masuku sentenced Fly to death by hanging.

Justice Masuku recommended that Fly appeal to the Court of Appeal of Botswana.

Timeline

• 27 November 2006 — Fly killed his son, Tawana Mosinyi, with an axe while the boy was sleeping at Somerest location, Francistown, after a quarrel with the mother of the child.
• 17 October 2008 — Fly was convicted of murder by the High Court in Francistown.
• 21 October 2008 — Justice Thomas Masuku sentenced Fly to death by hanging and recommended that he appeal to the Court of Appeal of Botswana.

Appeals

Fly was advised to raise whatever complaints he had with the Court of Appeal.

Outcome

Fly received a sentence of death by hanging on 21 October 2008.

Aftermath

A report described allegations that Modise Mokwadi Fly was kept in solitary confinement and was brutally assaulted by prison officers after an abortive attempt to escape from the Gaborone Maximum prison late last month. The report alleged that after Fly escaped from his death row cell and “tasted freedom for about 15 minutes,” prison wardens severely assaulted him. It further alleged that Fly was isolated from fellow death row inmates to hide evidence and that a visit to a relative on death row included fear that Fly might “end up being hanged quietly to hide the evidence of his assault.”

Ditshwanelo Centre for Human Rights official Jonathan Buru confirmed that Ditshwanelo was aware of the allegations. His remarks included:

“As a matter of fact, we made an effort to follow up on the matter once we heard about it. We could not get any response regarding the matter, however, we have been advised to write a detailed letter outlining the issues we are following up on,” he said.

Buru added:

“this we are to do very soon and will get back to you with whatever response we shall get thereafter.”

The Department of Prisons and Rehabilitation refuted the allegations. Senior Superintendent Wamorena Ramolefhe, the Department of Prisons and Rehabilitation Public Relations Officer, stated:

“We are not allowed to assault prisoners. He was never assaulted and was never in isolation,”

Ramolefhe also said:

“He said the death row inmate still has his rights and dignity intact. He said if there was interest to visit Fly or any other death row inmate, the interested party must write to the Commissioner of Prisons and the prisoner must give his consent.”

Fly had been a former reggae artist.