20 Aug 2015

A murder convict who was sentenced to 18 years imprisonment has decided to rescind his decision to appeal his sentence after discussing his appeal with his lawyer.

Lebopo Kelebeng, through his pro deo lawyer, Mr Friday Leburu informed Gaborone Court of Appeal Judge Isaac Lesetedi that they have decided to withdraw the matter after the two considered the merits of the case. 

The decision was hailed by Judge Lesetedi, noting that it was a wise move taken by the two. 

Judge Lesetedi also noted that the 18 years handed down by the lower court was considerate, adding that some convicts in similar circumstances were handed extended prison sentences.

Kelebeng was convicted of murdering his girlfriend Ketshepaone Mokgaola in 2010 in Lobatse. Court records show that he stabbed the woman 30 times for a relationship that was on the verge of dying.

He was sentenced to serve 18 years in 2011 by Judge Lot Moroka. Aggrieved by the court’s sentence, approximately three years and six months later, the applicant sought leave to appeal the sentence. 

He filed his notice of appeal in April 2015, supplemented with an application for condonation. 

The prosecutor, Ms Neo Molelekwa opposed the application because the applicant failed to file his appeal within six weeks which fell on October 4, 2011. 

He also failed on the six months period of filing out of time which elapsed on or about February 7, 2012.

She said Kelebeng could only be afforded audience before the court under Rule 39(1) if he shows that there exist exceptional circumstances justifying his delay, and also that he has strong prospects of success on appeal. 

The applicant had stated that he had submitted his appeal much earlier, and alleged his papers were lost by the Court of Appeal registry. 

However, the respondent submitted that the applicant’s explanation raises a few arguable questions touching on the exact date upon which he made his initial application to the Court of Appeal, and when he became aware that his papers were lost, and what he did when he realised that his appeal was not being called. 

Furthermore, Ms Molelekwa submitted that the applicant’s explanation for the cause of delay was not backed by any confirmation from the persons who allegedly lost the initial notice of appeal in the form of verifying affidavits. 

She said he has only provided allegations which could not persuade the court to indulge him. 

She also said the delay was excessive and the blanket explanation he advanced does not qualify as exceptional.

“The respondent submit further that in cases of murder such as this one which have previously came before our courts and of which jilted lovers killed their lovers, an imprisonment term of between 15 to 17 years have been marked as appropriate with a downward or upward adjustment dependent on the unique significant circumstances of each case,” she said.

She further submitted that the applicant also failed on the second test which was prospects of success on appeal.  She therefore submitted that the application was devoid of merit and stands to be dismissed. Ends