Serial rapist's 30-year jail term upheld
Goitsemodimo Akanyang | Thursday April 18, 2019 13:27
Feledi had approached the Francistown High Court praying for it to tamper justice with mercy and make an order that his sentences run concurrently.
However, Justice Matlhogonolo Phuthego quashed Feledi’s application and upheld the lower court’s ruling.
The magistrate’s court in Masunga had previously sentenced Feledi to 10 years imprisonment for each of the offences he committed which brought his prison term to a cumulative 30 years in jail.
Delivering his sentence, Phuthego said that documents before court showed that Feledi had an insatiable appetite of having sex with women without their consent, which habit should be nipped in the bud before more women fell prey to his vicious actions.
“The appellant was appealing against the three sentences of rape that he was found guilty of by the magistrate’s court in Masunga.
His main argument was that since the offences were written in one charge sheet, their sentences should run concurrently and not consecutively.
The position of the law is that the sentences may run concurrently unless the court decides otherwise. The discretion to do so lies with the court and it must be exercised judiciously,” Phuthego said.
Phuthego went on: “The appellant went on a raping spree. Two of the victims are his close relatives while one of them is his neighbour. All the victims come from Tshesebe village just like the applicant. They were young women whose future was dented by the appellant. I agree with the lower court that aggravating factors in all these offences far outweigh the mitigating factors”.
Offences of rape, Phuthego noted, were very prevalent in the country despite the steep penalties that were meted out to perpetrators as stipulated by the legislature.
“I also agree with the lower court that the offences of rape leave permanent scars on the victims, which will never be erased… The appellant seemed to have an insatiable appetite of raping women and girls who needed protection from such acts in society. When passing sentence, I would take into account both the aggravating and mitigatory factors,” Phuthego said.
To demonstrate that Feledi had an unquenchable appetite of committing more rape offences while on bail, Phuthego said that Feledi committed the first offence on January 11, 2014, the second one on May 17, 2014 while he committed the last offence on October 14 still in 2014.
“It cannot be said therefore that all these offences were committed in one transaction. The applicant can therefore not benefit from the offences having to run concurrently. The lower court had ruled that his sentences should run consecutively. The lower court cannot be faulted for its decision. In my considered view, there is no legal basis upon which to interfere with the order of the lower court.”
Phuthego said: “The result therefore is that this appeal is dismissed. The appellant is advised to appeal his sentences before the apex court six weeks from today. He should first route his appeal through this court for determination if it has prospects of success at the Court of Appeal”.
Feledi, who did not look concerned and remorseful after the court upheld his sentences, hurled insults to people he did not explicitly mention when prison officers escorted him back to the slammer.
Tinky Pule represented the State in the matter while Feledi was unrepresented.