Molester denied appeal

Mpho Mokwape | Tuesday September 1, 2015 16:12

 

The Court of Appeal (CoA) recently dismissed his application, to be granted leave to appeal his seven-year sentence, on the grounds that he had no prospects of success.

Moradu, of Tonota, was convicted and sentenced in August 2014 for trying to rape the underage girl who had followed him to the kraal where he was working. He later appealed at the High Court but was dismissed.

“In any application for leave to appeal, the applicant has to show that he has prospects of success on appeal and no such prospects have been shown and in this case the applicant seemed at a loss as to what his grounds of appeal contained,” noted Justice Elijah Legwaila in his ruling.

He explained that the applicant had failed to give any evidence towards the state’s inability to prove beyond reasonable doubt, its case against him and also on the harshness of the sentence.

“There is no merit of appeal, especially that the applicant failed to counter why he felt there was no case and he could not explain why he thought the sentence was harsh, and why such offence deserves less punishment,” he said.

On the grounds of extenuating circumstances, which Moradu alleged he was not given an opportunity to plead, Justice Legwaila said the applicant was trying to falsify the record despite being informed of his rights, and the options available to him.

“The record shows that during the proceedings, the applicant opted to remain silent because even when he was given the opportunity to plead in mitigation, the applicant again said he had nothing to say. The court was left with no other choice but to pass sentence,” he said.