13 Jan 2013

The Court of Appeal will, on February 1, deliver judgement on Atamelang Lesole’s appeal.

The presiding judges were Messrs Isaac Lesetedi, Stephen Gaongalelwe and Arthur Hamilton.

Lesole was sentenced to 15 years imprisonment after she pleaded guilty to killing her two-months-old child. She had been sentenced by Judge Terrence Rannoane of Francistown High Court.

She was slapped with the sentence upon agreeing with the summary of facts and the trial court found extenuating circumstances.

However, Lesole has since submitted an appeal of the sentence.

In her grounds of appeal, Lesole argued that the trial court erred in law by convicting her on the strength of facts, which did not disclose the offence of murder or any offence for that matter and on the basis upon which a conviction for murder cannot be justifiable.

Her lawyer, Mr Sesupo Masaka argued that the trial court erred in convicting the appellant on the basis of allegations as the summary of facts spoke of allegations and not on the basis of the evidence or confirmed facts.

However, the prosecutor Ms Kutlo Tsekane opposed the appeal arguing that the conviction by the trial court was safe.

Ms Tsekane submitted that the conviction followed a plea of guilty which was found to be unequivocal arguing that the sentence passed by the trial court was properly done hence the appeal should be dismissed.

She also said the appellant’s action of smothering the deceased was unlawful adding that the appellant also acted with malice.

The state alleged that the appellant, on June 7, 2007 near Malatsana ward in Sefhophe, murdered her child Oteng Lesole. ENDS