The fate of death row inmate, Sepeni Popo lies with President Festus Mogae, after he failed to get a reprieve at the Court of Appeal this week. The condemned prisoner can only escape the hangman's noose if the President exercises his prerogative of mercy to save him. But Mogae, a confessed retributionist, has never pardoned a death row convict.
Popo was sentenced to death last year, by the Lobatse High Court for killing a Molepolole woman, Binki Balotlegi in what was believed to be a ritual murder. He confessed that he was promised P1,000 for the murder. Three other men who were charged with him were later acquitted and discharged of murder.
In his appeal, Popo's lawyer, Themba Joina argued that the trial judge, Ian Kirby was wrong in failing to recuse himself and that the confession statement by his client was wrongly admitted in court.
He submitted that the judge should have found extenuating circumstances and refrained from passing a death sentence. The defence wanted Kirby to recuse himself from the case because at the time it was registered, he was the Attorney General and as result he might have been an interested party. However, the Court of Appeal ruled that there was no need for Kirby to recuse himself since he did not directly deal with the case when he was Attorney General.
Joina argued that there was no evidence that Popo had been advised of his right to legal representation before the confession statement was taken. He added that the court erred in not ordering a trial within a trial before admitting the confession statement.
Joina submitted that the hand written statement was not produced in court and there was no evidence as to what happened to it. He said the original statement was the only document which could prove to the court what actually transpired when the confession was made.
The Court of Appeal ruled that that it was clear from the
The court was of the view that this was a particularly brutal murder and the injuries were horrible.
The court ruled that the murder was deliberately planned for a reward.
In dismissing the appeal, the judges said there was no evidence to diminish Popo's moral culpability.
In his confession statement, Popo said a man asked him and his colleagues to get a baboon without fur. He said when they asked him what he meant, the man said he wanted them to find a woman's private parts for him.
Popo said each of them was promised P1,000 after delivering the goods.
He said he later arranged with his accomplices to find out what the man was looking for. He went into detail about how they found their prey.
After a drinking session, they later led a woman to an isolated spot where they brutally attacked her. Popo said after they killed the woman, one of his partners cut off a piece of her private parts.
He said they parted after the job was finished and he went to sleep. Panic struck him the following morning when he realised that his cap was missing.
"When I recalled carefully I came to the conclusion that it was left at the crime scene," he said.
The confession statement narrates what Popo did up to the time when police spoke to him, including washing his clothes to remove blood stains. He told the judicial officer about his unsuccessful attempts to get the promised payment after the mission was accomplished.