State consents to death row inmate�s request
Mpho Mokwape | Thursday April 7, 2016 15:25
The 59-year-old Gabaakanye, who was condemned to death in 2014 and has since had his sentence upheld at the Court of Appeal (CoA), reckons the information contained in the records may provide crucial details to his pending application for clemency.
Through a consent order between his attorney, Martin Dingake and the Attorney General Chambers’ Oaitse Rammidi yesterday, the state agreed to avail Gabaakanye with the written report of the case from his trial judge in line with the constitution.
The consent order was agreed upon after the state indicated to the CoA bench that there was no harm in providing Gabaakanye with the records he needs to advance his grounds for clemency.
The consent order reads, “If the President has obtained other information over and above the trial judge report, or where he intends to obtain any further information in terms of the constitution, then he shall provide any such information to the appellant and also state to him whether or not he intends to acquire any further information”.
The parties further agreed that the written report of the case from the trial judge would be made available to Gabaakanye on or before April 8.
Furthermore, the President and the Committee on the Prerogative of Mercy will not convene a meeting on any date before April 26 and Gabaakanye is expected to make a representation to the two parties for clemency before that date.
“The President confirms that there are no regulations, which have been enacted for making of representations for clemency,” reads the order. Earlier, before a panel of CoA judges, Ian Kirby, Isaac Lesetedi and Monametsi Gaongalelwe, Dingake said that the appeal was in respect of Justice Tebogo Tau’s decision that denied his client access to the information.
He argued that the information could provide more insight into the grounds of appeal for mercy.
Tau had dismissed the application in February saying the court had no jurisdiction nor the powers to release the documents.
The application also sought an interim interdict to be issued against the execution pending application for clemency to the President.
The CoA bench will give full details and guidelines in relation to his entire case and application for clemency on April 21, 2016.