Appeal could turn sour for murder convict
Mpho Mokwape | Friday April 25, 2014 15:16
A bench of three judges advised the appellant that instead of ‘crying’ about his conviction and sentence, he should respect the fact that a life was lost and that he got away with a light sentence.
The judges will give a ruling on May 9 on the bid by Ramaeba to reduce the sentence the High Court gave him in 2012 for murder. Justices Isaac Lesetedi, Elijah Legwaila and Monametsi Gaongalelwe disputed the appellant’s heads of argument, before reserving judgement.
During submissions of heads of argument, Ramaeba’s lawyer, Teto Sebola said the appeal is based on the fact that during trial, the court did not consider that the deceased provoked the fight that led to his death.
“Ramaeba in this case had no choice but to pick up a hammer and hit the deceased which in turn the deceased also grabbed and hit Ramaeba back.
“This hammer exchange continued until the deceased was hit on the head and bled resulting in death,” he said.
Sebola said the trial court had failed to consider that his client committed the crime in self-defence.
He submitted that the court was misdirected in holding that there were several serious wounds on the head of the deceased.
He said this was contradicted by evidence during trial indicating that Ramaeba only hit the deceased with a branding iron on the head.
He said there was no evidence that Ramaeba struck the deceased several times on the head resulting in the death.
“There is a dispute as to whether the acts of Ramaeba were unreasonable under the circumstances,” he stated.
Responding to the heads of argument, Benlida Oaitse for the state urged the Court of Appeal to dismiss the case, as there was absolutely no legal reason to interfere with the conviction and sentence.
He said the thrust of the defence case that Ramaeba was provoked and only acted in self-defence, is false because it tries to shift the blame to the deceased.
He said the trial court’s opinion that the accused pushed the blame to the deceased was reasonable.