05 Sep 2022

Murder convict, Leatile Rebabedi’s application for leave to appeal his 20-year sentence out of time has been dismissed by the Court of Appeal (CoA).

Delivering judgement on Friday sept 2, Judge Leatile Dambe said there were no exceptional circumstances accounting for the delay, while strong prospects of success were also lacking. She said the applicant was convicted on his own evidence, together with evidence of the confession.

Rebabedi was convicted by the Francistown High Court and sentenced to 20 years imprisonment in connection with the February 19, 2014 murder of Gabaresepe Rebabedi of Mmapotlwana ward in Radisele. 

Judge Dambe said according to the post mortem report, the immediate cause of death was strangulation.

The applicant had stated in his sworn evidence delivered at the lower court that he got married to the deceased in 2003 and their matrimony was blessed with two children. 

The applicant had further stated that his deceased wife was working as a nurse. 

He added that at one point, when he visited his wife, who was by then stationed at Tlhareseleele, found her in bed with another man.

Judge Dambe said the incident was reported to the police, who advised the applicant to take the matter to the customary court, where the said marriage wrecker was fined P8 000 for adultery. 

However, Judge Dambe said the court learnt that the deceased repeated her acts of infidelity.

The CoA appeal learnt that the applicant got angry after his wife received some disturbing text from a boyfriend and strangled her with a rope, though it was not meant to kill her. 

The court further learnt that after the strangling, the applicant hanged the deceased in an attempt to fake suicide.

Judge Dambe said the applicant launched his application for condonation for late filing of the appeal against the sentence on August 26, 2020, seventeen months after sentencing. 

The judge said the applicant blamed his delay in filing on the COVID-19 pandemic.

Judge Dambe said the applicant said the trial court failed to take into account his mitigating factors, but said that the CoA indicated that there was strong basis to convict the applicant of murder and find extenuating circumstances, based on evidence before court. 

“To conclude with no exceptional circumstances accounting for delay and very strong prospects of success not having been proved, this application for leave to appeal out of time stands to be dismissed,” said Judge Dambe. Ends