Mmegi Online :: 'Hang this man'
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Last Updated
Tuesday 20 November 2018, 13:46 pm.
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'Hang this man'

The Court of Appeal yesterday dismissed an appeal lodged by Orelesitse Modise Thokamolemo of Lethakane Village who has been sentenced to death six times by the High Court.
By Staff Writer Tue 20 Nov 2018, 20:28 pm (GMT +2)
Mmegi Online :: 'Hang this man'








The Court of Appeal yesterday dismissed an appeal lodged by Orelesitse Modise Thokamolemo of Lethakane Village who has been sentenced to death six times by the High Court.

When delivering judgement yesterday morning, Judge Isaac Lesetedi said he had found nothing that indicates that no reasonable court would have reached the conclusion that the trial court had in imposing the sentence. '
After an anxious inquiring mind of this matter, I also find no misdirection by the trial court in considering the effect of dagga taken by the appellant and giving it weight.

In the even, the appeal against sentence must also be dismissed and it is so ordered. The appeal against sentence must also be dismissed. The decision of the trial court is confirmed," he said. 

Lesetedi further said he was satisfied that all that was required was for the trial court to craft the enquiry to meet the objectives of the Judicial Directive, namely that the accused person properly understood the nature of the charge to which he pleaded guilty and understood the facts upon which he was pleading guilty and that the plea was in the circumstances unequivocal.

Lesetedi also indicated that there is nothing in the judgement that showed that the court used any of the objected to contents in the psychiatric report and any of its finding as to the guilt or otherwise of the Appellant.

Nor was any such pointed to the Court of Appeal either in the heads of argument or oral submissions.
He further said that he does not find fault in the trial court's approach of not invoking the provision of section 160 of the Criminal Procedure and Evidence Act.

"The grounds of appeal by the defence were not sustainable as such their appeal against conviction failed," he said. With regards to the appeal

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against sentence the judge said the trial court considered each extenuating factor and weight to be attached to it. 

"It also took the same approach to the aggravating factors and balances the cumulative weight of the extenuating factors against that of the aggravating factors in the exercise of its value judgement on whether at the end of the day the cumulative weight of the extenuating factors, regard being to the aggravating factors, if any, reduces the moral blameworthiness of the appellant having regard to the appellant's subjective state of mind at the time he committed the offense," he deliberated.

Lesetedi added that he could not find any misdirection by the court as the factor of smoking dagga which was considered is common to all the counts, which would therefore have been cumbersome, repetitive and unnecessary to consider that factor in respect of each individual case.

He further said that it was common cause that the offence was committed in January 2008, at that time the appellant would either have been 26 or at the very least 25-years old.He noted that at the age he was not a child, and his sense of maturity could therefore not have been compared to that of a 19-year-old school dropout.

With those reasons the Court of Appeal confirmed the decision of the trial court to have Thokamolemo hanged.
The accused's days are bound to be grim as he is going to live each day in prison knowing that he may be hanged anytime after the Head of State signings.

Thokamolemo killed a family of six in Phaephae cattle post near Lethakane Village in January 2008, following a misunderstanding over food.

The six deceased that were killed by Thokamolemo with an axe are Tirahalo Tlhaga, Gakemoitatole Garebone, Landane Tlhokamolemo, Chaena Landane, Oreemetse Lepadile and Kemodiretse Lepadile.

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