Murder appeal case a mystery to lawyers

BAME PIET
Staff Writer | Wednesday June 23, 2010 00:00

 

The Court of Appeal roll issued this week shows that Molefhe and Motswana Brandon Samson, who were jointly convicted of murder and sentenced to death, will be in the dock appealing their conviction and sentence. The court of appeal session is scheduled for July 5.

Contacted yesterday, Molefhe's attorney, Ookeditse Maphakwane, was surprised at the court roll yesterday saying he knows nothing about the case. He said that he has not received any correspondence from the court and he has not accessed the case record. Attorney Duma Boko is representing Samson.

Molefhe and Samson were sentenced to death in February 2008 for the murder of Sam Humbarumbe and Robert Ncube in Mogoditshane on the night of December  24 2000.

It was revealed during trial that Molefhe was revenging his aunt's murder by Ncube earlier in a 1995 armed robbery in the Johannesburg township of Soweto in South Africa.

It was reported that the two brought a revolver from South Africa into Botswana hiding it in a TV set that Samson claimed he had bought for his son. The TV set was never delivered to the son and it turned out later that the murder weapon was hidden inside it. 

On the said night they went to Ncube's house wearing balaclavas, armed with the revolver. 'On arrival at Ncube's house the accused persons tricked Ncube into opening the door and he recognised Molefhe.

He tried to close the door but they forced their way into the house with Molefhe firing a shot,' he said, confirming that the murder was planned.

After the murders the gun was hidden in the TV set and the two convicts went to Sebina where they were arrested on Boxing Day. Humbarumbe (Zimbabwean) was visiting Ncube (naturalized Motswana) at the time of the murder and was not the target.

Boko argued then that Samson was just accompanying Molefhe and could not have been aware that he was on a killing mission. But the judge dismissed the argument saying that there is no evidence that he was forced or coerced into the trip.

'Against this argument, it must be noted that there is no evidence or any suggestion that he was forced or coerced into accompanying Molefhe to the place where the two of them murdered the deceased persons,' said Justice Dibotelo.

Dibotelo also sentenced Molefhe to five years imprisonment for unlawful possession of arms of war and a fine of P250 or three months in jail for possession of ammunition.

Meanwhile, another death row inmate, Benson Keganne, is appealing against his August 2008 conviction and sentence.

Keganne was found guilty of the murder of Gloria Mahowe in March 2001. He and two other convicts asked for a lift from Mahowe after spending the night drinking and smoking dagga.

Keganne and others forced Mahowe to drive towards Molapowabojang and into a bush where they tied her to a tree.

The court was further told that Keganne shot Mahowe in the back of her head and they left her to die in the bush. He was sentenced to death by hanging.