06 Apr 2016

Death row inmate, Patrick Gabaakanye is still hopeful to evade his death after approaching the Court of Appeal for stay of execution pending his appeal for clemency.

The 58-year-old Gabaakanye was sentenced to death in 2014 and the sentence was later upheld by the Court of Appeal last year.

Gabaakanye was sentenced for the murder of Mr Rapula Serojane,74, of Ga-Mosusu lands in Kweneng District.

 The convict’s legal counsel, Mr Martin Dingake made an application before a panel of three judges on Tuesday that Gabakanye’s execution should not be carried out pending his application for mercy to the advisory committee on prerogative mercy.

 Furthermore, Mr Dingake asked the court’s assistant in the procedure to be followed when making his appeal to the committee.

Mr Dingake also asked for the trial’s judge’s written report as well as any information that the chairperson of the advisory committee on prerogative mercy intends to obtain.

After a tussle to convince the panel of Justice Ian Kirby, Justice Isaac Lesetedi and Justice Stephen Gaonyalelwe, the court consented that the trial’s judge’s report be availed to the appellant.

 Furthermore, the court ordered the appellant to make a presentation to the chairperson of the committee on prerogative of mercy, who is cited as the first accused as well as the committee on prerogative of mercy, cited as the second accused on or before 26 March 2016, and that a meeting of the committee on prerogative mercy be convened.

 The Court of Appeal will make its judgement on 28 April 2016. Ends