01 Jun 2022

 An attempt by a robbery convict, Dominic Nyilongo to challenge his conviction and 10-year imprisonment was on Tuesday dismissed by the Court of Appeal in Gaborone.

Judge Singh Walia turned down Nyilongo’s application for leave to appeal on the grounds that he had failed to demonstrate reasonable prospects of success.

Therefore, Nyilongo, who was convicted by Broadhurst Magistrate’s Court on August 20, 2020 will accordingly serve his jail term.

Judge Walia said the applicant’s appeal to the High Court was on the grounds that he was not given a fair trial and that his conviction was based on improbable and insufficient evidence.

However, the High Court dismissed the appeal and advised the appellant of his right to appeal within six weeks from the date of sentencing.

Judge Walia said the applicant filed an application for leave to appeal on June 10, 2021, out of time against a judgement of August 20, 2020.

Judge Walia said for the application succeed, the applicant must show, as provided in Rule 39 of the Rules of the Court of Appeal, that there were exceptional circumstances for the delay and strong prospects of success.

Particulars of the case were that Nyilongo as per evidence produced during trial at the magistrate’s court, had forced himself into the complainant’s car at Thamaga and travelled to Gaborone.

Upon arrival in Gaborone, he was said to have brandished a knife at the victim, deprived the complainant her handbag containing P7 800, make-up items and credit cards.

Therefore, Judge Walia said the magistrate’s court was credible in arriving at the conclusion that the applicant had  been properly identified, and as such, convicted and sentenced him to the mandatory minimum term of 10 years imprisonment.   

He said the judge a quo properly considered all the material before court and found that there were no inconsistencies in the state evidence.

 He added that the conviction resulted from overwhelming evidence.

“Having carefully perused the record, I am unable to fault the findings of either court,” said Judge Walia. ENDS