04 Jun 2023

The Court of Appeal (CoA) has dismissed an appeal by murder convict, Mmoloki Pholo, to file an appeal out of time.

Making the ruling on Friday, Justice Lakvinder Walia, indicated that the appelant’s reasons for failure to file on time were wanting, adding he had also failed to show any prospects of success of his appeal.

“The decision to appeal lies with the convicted person and instructions to appeal or not to appeal must come from him. There is no obligation on any attorney to appeal without instructions,” said Justice Walia.

He therefore said it was upon the appellant to have taken necessary and timely steps to make his appeal.

Justice Walia also indicated that the fact that the appellant hacked the deceased three times on the head with an axe showed clear intent to kill, or at the very minimum, cause grievous harm.

The applicant had also advanced circumstances such as intoxication, provocation, rustic background and the absence of pre-mediation as some of the circumstances that could potentially safe him from the charge of murder.

Pholo was sentenced to death on his own plea of guilty on April 10, 2022 by the Francistown High Court for the murder of Ms Mercy Sebolao at Bonnanonyane near Sefhophe in January 2018.

He allegedly hacked her three times on the head with an axe.

In his application to CoA, Pholo indicated that the reason he did not file his appeal on time was because he had assumed that his then pro deo lawyer at trial would appeal on his behalf.

He said it was only after he was made aware while at prison that the procedure was contrary to what he believed, therefore he took steps to motivate his appeal, and it was already outside the provided six months period.

ends