07 Aug 2022

 Murder convict, Lesupatsela Ramoswaana, escaped the hangman’s noose after the Court of Appeal freed him from capital punishment on Friday.

However, in overturning Lobatse High Court decision to condemn him to death, the apex court imposed a 30-year imprisonment for the murder of Ramoswaana’s girlfriend, Ms Lesego Dikole in Kanye in 2017.

“The finding of the court of a quo that no extenuating circumstances exist in this case and the imposition of death penalty on the appellant is hereby set aside,” Justice Isaac Lesetedi said when delivering the judgement.

Justice Lesetedi said the 30-year imprisonment sentence would be back dated to start from September 28, 2021 and the period the appellant was in custody awaiting the trial.

The court found that the deceased’s infidelity played part in the events leading to the crime.

The court said Ramoswaana, who was aged 45 years when he committed the crime, had no record of previous convictions and had complained about the deceased’s infidelity, which led to a clash with the law after a charge of threat to kill was opened against him.

Nonetheless, the court found out that Ramoswaana did not sit back to reflect on whether to continue with the toxic relationship or not.

“Notwithstanding her reliance on the appellant for financial and material assistance, the deceased on papers continued to openly flirt with another man.”

The Court of Appeal, however, underscored the brutality in which the crime was conducted, saying it was inhumane.

In committing the crime, the appellant had clear intention to kill the deceased not only by stabbing her in the heart, but also garrotting her and then waiting for her to bleed to death before burying her in a shallow grave.

“The court must not be complacent with those who stay in what are evidently dysfunctional relationships hoping that the use of material support will buy fidelity they crave and resort to brutal violence when that fidelity is not assured,” the court stated.

As such, the court said the sentence imposed upon the appellant must reflect the court’s recognition of all factors hence it altered the lower court judgement.

Ramoswaana was sentenced to death by the then Lobatse High Court judge, Justice Mercy Garekwe after having found no extenuating circumstances existed in the matter.

The appeal case was before  CoA judge president, Justice Tebogo Tau as awell as  Justices Lesetedi and Tshepo Motswagole. Ends