Mosquito sprayer fails to overturn 10-year robbery sentence

Lebogang Mosikare | Thursday December 10, 2015 14:52

 

While working as an Environmental Health Assistant employed by the Tonota Sub District in 2011, Gofaone Randele broke into Balengi Jimmy’s house at Borolong village where he stole an LG cell phone valued at P4,500, Samsung cell phone worth P1,600, Nokia cell phone worth P300 and cash amounting to P5,000.

After spraying the house for mosquitoes and even being served lunch by children during the day of the incident, Randele returned at night and assaulted the children with an iron rod before making off with the goods and cash. He also stole two handbags containing Naomi Jimmy’s passport and Omang. Appealing his case before Justice Lot Moroka, Randele said that the State had failed to prove that he was in Borolong when the crime was committed. He also said the complainants did not properly identify him and no goods were recovered from him after the commission of the offence. Randele said on the dates in question – which he gave as December 21 and 22 2011 – he had spent a night at his girlfriend’s place in Tati Siding before travelling to Gaborone on December 23 after he was given leave by his employer.

“There was thus no way the State could say I was at the crime scene,” he said. Randele conceded that he had indeed sprayed Jimmy’s house for mosquitoes, but denied that he was the culprit who later came to assault and steal from the home.

However, Moroka ruled that the crime had been committed on December 20, before Randele went to Tati Siding and Gaborone. The judge also pointed out that the first and second prosecution witnesses, who are Balengi Jimmy’s children, testified that they recognised Randele because they had previously served him lunch during the day when he came to their house to spray the mosquitoes.

“The appellant did not dispute that Jimmy’s children saw him during trial. They also said that he is the one who hit them with an iron rod adding that they saw him along the passage when he was illuminated by light, even though it was dark in the room were Jimmy’s children were sleeping,” said Moroka. Moroka also added that Randele never disputed that he was still wearing the same overall that the complainants said they saw him wearing during the day at their compound. “The complainants easily identified him at the police station after he was arrested. The police also did not help the complainants to identify him. Although an identification parade could have been ideal, the complainants spontaneously identified him,” said Moroka.

On Randele’s argument that no goods were recovered from him after his arrest, Moroka said that this argument was good as dead because there was overwhelming evidence against the convict. “His appeal is without merit and is dismissed. The decision of the trial court is therefore upheld.”