Court dismisses defilement appeal

Lebogang Mosikare | Thursday October 16, 2014 16:09

 

Gofamodimo who appeared in person was found guilty by a magistrate for a single count of defiling a girl under the age of 16 at Letlhalakane settlement in the Boteti sub-district in March 2012.

He was subsequently sentenced to six years in jail for the offence.

Passing ruling in the matter, Moroka said that the minimum mandatory sentence for defilement is 10 years in jail.

Moroka said that an application for bail does not operate to suspend the sentence.

He said Section 318 of the Criminal Procedures and Evidence Act provides that the sentenced may be suspended pending appeal.

Moroka stated that a person who was tried and found guilty no longer enjoys the assumption of being innocent until proven guilty.

“Therefore there should be exceptional extenuating circumstances for the court to grant that person bail pending his appeal,” said Moroka.

Moroka explained that there should be reasonable grounds of success for anyone who had been found guilty of the offence and a likelihood that the person may also have served a substantial part or entire part of his sentence pending appeal. In this case, Moroka said, the applicant argued that there was contradictory evidence that was given by the complainant at the lower court.

“The applicant said that the complainant told him that she was over 16 years when the crime was committed.

“In my evaluation of the entire circumstances in this matter, I find no exceptional extenuating circumstances. The record of proceedings is available and there is no likelihood that the applicant may serve his sentence in jail before his appeal is heard by the court,” said Moroka.

Kelebogile Selaledi from the Directorate of Public Prosecutions (DPP) represented the state in the matter.

Meanwhile, a rape convict Selelo Major also appeared in the same court applying for a permanent stay of prosecution.

Lebogang Modipane from the DPP said that they have not been furnished with the record of proceedings from the magistrate courts that found Major guilty. She applied for another date to be set to enable the lower court to furnish the DPP with the record of proceedings.

Major told the court that the case has taken a long time to be finalised because he was simultaneously appearing at the magistrate court and high court for the same charge.

He said that the magistrate informed him that he (Major) will stop mentioning before the lower court once he was given an order by the high court halting his appearance before the former.Moroka ruled in favour of Major.

“The Clerk of the Magistrate Court is hereby ordered to avail the record of proceedings before November 30.

“The proceedings before the magistrate court should be stalled with immediate effect,” said Moroka, adding that the applicant should appear before the high court on December 3.