04 Aug 2015

The Court of Appeal has dismissed the appeal against both conviction and sentence made by murder convict Patrick Gabaakanye and ordered that he be hanged by the neck until he dies.

The court upheld a sentence earlier handed by a lower court last year against Gabaakanye who was convicted for the murder of a visually impaired 74-year-old Rapula Serojane at ga-Mosu lands near Metsimotlhabe village in May 26, 2010 after attacking the deceased and his wife.

The deceased’s wife suffered severe injuries during the incident. Delivering the judgement in a fully packed courtroom on July 30.

Justice Isaac Lesetedi said the trial court was fully entitled to reach its verdict both on conviction and sentence because it had carefully analysed the circumstances around the case, including the interests of the deceased, accused and his loved ones. 

Justice Lesetedi, who was reading the judgment on behalf of a panel of three judges including Judge Elijah Legwaila and Judge Steven Gaongalelwe, said the appellant admitted to a number of previous convictions involving violence. Two offences were of robbery during which he committed murder.

On that occasion he killed a defenceless security guard with a gun during the robbery and was sentenced to 15 years imprisonment for murder and 10 years for robbery. 

Justice Lesetedi therefore said the appellant has not reformed, noting that he is a very violent robber with scant respect for lives of his victims. 

His legal counsel Mr Martin Dingake had not convinced the judges that Gabaakanye had nothing to do with the killing of the old man. 

Ironically there was also the evidence that shoeprint casts were taken and that those casts matched the prints of the shoes the appellant was wearing on the day of his arrest.

In the course of his attack, which has been described as too severe on defenceless couple, Gabaakanye also stole a radio, a cellphone, cups and spoons among others, belonging to the couple.

Arguing his appeal, Mr Dingake had said since his client has never been closer to the scene of crime, if the court could find that he is the one who indeed committed the offence, it should be realised that he did not intend to do so.

He however acknowledged that Gabaakanye could have premeditated the murder because he arrived at the couple’s homestead with his face covered to conceal his identity. He also came in possession of the weapon that he allegedly used to hack to death the deceased with.

Court record shows that during the main trial Gabaakanye who had covered his face with a cooper hat, had arrived at the couple’s homestead in the evening and claimed to be asking for accommodation as he was heading for the very nearby Kumakwane village, something which puzzled the deceased’s wife. 

She thus asked him why he was looking for accommodation when the village was near instead of proceeding there. 

He then demanded money from the couple, which had just listened to the news bulletin from their radio, which was brought to them two hours earlier by their son. 

This stranger then pulled a weapon resembling a gun from the top of his track suit and assaulted the deceased with it twice. Ends