Mogotsi moved to the Court of Appeal after the High Court declined to quash the 13 years and two strokes he was given for rape and 12 years and two strokes he got for armed robbery from a magistrate’s court. He launched the appeal saying that he was unfairly tried.
Yesterday, he told the Court of Appeal in Lobatse that a witness, during his trial, was not sworn in and that a medical report used as evidence was not complete. He said the trial magistrate recorded his testimony wrongly.
He argued that the right procedures were not followed because the judgement was not dated and signed.
Tebutt, who said he had a signed copy of the judgement asserted that Mogotsi was telling many untruths.
Mogotsi who was given heads of arguments by the state counsel Merapelo Mokgosi to peruse during an adjournment said that he did not agree with it as it only discussed the judgement.
But Mokgosi said there is no evidence of a witness who had not been sworn in and that Mogotsi cross-examined the witness at length and did not object.
Mogotsi questioned the scene of crime and said the complainant indicated she was raped in Disaneng ward in Maun, while a witness said it was next to Disaneng and Matlapaneng.
“Where did this crime really occur?” He said witnesses did not agree on the colour of the shirt he was wearing - one said it was brown, while others said it was purple or multi-coloured.
He said that he had asked for a parade for better identification, but Tebutt reminded him that the complainant had sufficiently identified him as the crime occurred in broad daylight.
Mogotsi said he was not sure that the woman was really raped when he looked at the medical report.
“It is not true that I committed the crime and I was unfairly tried,” he said.
Tebutt said he would consider the submissions and deliver judgement in due course before end of the current court session.
Meanwhile, Tebutt has dismissed Stephen Setshedi’s appeal to overturn his 10 years and four strokes sentence for rape in Mochudi.
Tebutt said that there was no prospect that another court would hear the appeal. Setshedi’s appeal to the High Court was unsuccessful.
Setshedi is said to have been among a group of young men who called the complainant into a house and raped her.
Tebutt said that Setshedi came into the house through the window, and that the magistrate found the complainant to be a credible witness. Setshedi had said he got in through the window because he was looking for a cigarette.
Another appeal, by Gofhamodimo Kobedi, who received a two-year jail sentence for stealing by servant has been postponed to July.
