Court of Appeal acquits a man convicted of defilement

Mpho Mokwape | Tuesday April 28, 2015 15:00

 

Kaseke, who was found to have engaged in sexual intercourse with the young girl on several occasions, appealed the conviction and sentence on grounds that he was not accorded a fair trial.

When handing down judgment on Thursday, the CoA judges - Elijah Legwaila, Isaac Lesetedi and Monametsi Gaongalelwe - explained that there was prejudice occasioned by failure to explain the special defence to Kaseka, pointing out that he could have used it to advance his defence.

“This is the only ground of appeal which has merit, the concept of a fair trial in a criminal case necessarily connotes a trial which an accused person embarks upon being fully armed in the sense of having all essential matters fully explained,” they said.

The judges further said that during the duration of the trial, the accused had no legal representation therefore it was the court’s responsibility to ensure that he received a fair trial.

“It has been held by this court that in a trial where an accused person defends himself an onerous responsibility lies on the court to ensure that he receives a fair trial,” stated the judges.

Kaseke, who was convicted in 2012 at the Francistown magistrate court, had brought the appeal before CoA, arguing that at the time of trial, the court had failed to explain the special defence provided in Section 147 of the Penal Code. He also said that the medical report from the examination carried out on the complainant, was simply admitted in evidence, without inquiring if he objected or not.

“I did not agree with the submission of a medical report; I was never asked if I object or not. Furthermore, the complainant who was a juvenile at the time, was found to be a credible witness without a valid reasons presented for such a finding,” he said.