Girlfriend must be charged � convict says

Mpho Mokwape | Wednesday November 19, 2014 16:15

 

Dlamini together with his fellow convict Molataemang Mazwimbo yesterday appeared before Court Of Appeal Judge President Ian Kirby wanting leave to appeal their conviction and sentence.

Dlamini and his co-accused were charged and sentenced to seven years imprisonment by the magistrate court and later their sentence increased to 10 years by the High Court during an appeal. Dlamini, during his heads of argument submissions when asked by Kirby, said he wanted his girlfriend to be brought back and charged again as complicit to the crime.

He told the court that his girlfriend, whom he identified as Gaone, was the person who should have been charged and convicted ahead of them, as she knew more about the elephant tusks.

Dlamini said during police investigations his girlfriend was not questioned further despite the trophies having been found in her house.

“I was only roped in and charged for a crime I did not commit while my girlfriend was acquitted though she was the one who knew more about the elephant tusks, I was only arrested because I was there at the time of questioning and arrest,” he said.

Dlamini further told court that he was not happy with exhibits that were presented in court during their trial therefore it was only fair that the court grant them leave to appeal.

Meanwhile, Mazwimbo said he also wanted to appeal his conviction and sentence as he was wrongfully charged simply because he was at his fellow convict’s girlfriend place at the time.

“Despite being accused of bringing the tusks into the house, I was just a by stander, I was only there to seek medical help as my fellow convict is a healer”, he said.

He further said the magistrate, together with the High Court charged them under a section that called for a severe sentence.

Mazwimbo said they were charged under a section that is meant for trophies that are in transit, therefore imposing a heavy sentence on them. He added that the trophies were only found in a house meaning they were not in transit at the time.

However state lawyer Esmiralda Baganetswe said the magistrate court and High Court used its discretion to charge the accused, therefore there was no way they were charged under the wrong section.

She said it was always upon the courts to impose a sentence that was appropriate for any crime, hence the two were accordingly charged for the unlawful possession of government trophies.

Judgment has been reserved for November 26.