Murder convict gets respite

ISAIAH MOREWAGAE
Staff Writer
and MPHO TLALE
Correspondent | Wednesday July 7, 2010 00:00

A panel of three Court of Appeal judges has granted his lawyer a chance to make an application to the trial court to produce fresh evidence that might overturn the murder conviction.

Justices Stanley Moore, Moses Ramodibedi and Craig Howie granted Joao Salbany a chance to approach High Court judge David Newman, who condemned Keganne to death two years ago. Salbany approached the Court of Appeal pleading for his client to be given a lesser sentence, as there was a presidential undertaking to the effect that if Keganne and his co-accused were extradited to Botswana they would not be hanged.

Asked why they did not present the evidence before the trial court, Salbany told the court he was handicapped to answer, as he was not involved with the case during trial. He pleaded with the court for directions so that the issue can be settled.

However, that did not go well with state attorney Mosweu Ditodi who submitted that the issue Salbany was raising was for another day. 'The law has to take its course, as such the function of this court is to adjudicate on the appeal - nothing more', Ditodi submitted.

However, the three judges concurred and gave Salbany a month to sort out the matter and postponed the appeal to the next session of the Court of Appeal.

Keganne, together with two South African citizens, were extradited to Botswana to stand trial for the murder of a Phitshane woman, Gloria Mahowe. South Africa released the trio after Botswana assured Pretoria that they would not be executed. Despite the undertaking, Keganne was found guilty and sentenced to death, while the two South Africans got lengthy prison terms on the grounds that they were young when they committed the offence.