Kefakae appeals against death sentence

LEKOPANYE MOOKETSI
Correspondent | Thursday November 25, 2010 00:00

 

Kefakae was in July sentenced to death by Chief Justice, Maruping Dibotelo for killing his ex-girlfriend Mammie Dikube in 2005, in Mogoditshane. Dikube was also the mother of his two children. 

Officials of the Court of Appeal this week confirmed that an appeal has been registered.

In the past, the Court of Appeal has rescued some prisoners who were sentenced to death.  It is the only legal remedy for prisoners who have been sentenced to death.  However, if the appeal is dismissed, the convicts can still appeal to the president for mercy.  But all three presidents that have served this country, including the current one, have never granted mercy to a prisoner who has been sentenced to death.

In sentencing Kefakae to the gallows, Dibotelo said the rate and monotonous regularity at which so called lovers or ex-lovers murder women in the country was alarming.  He said this has resulted in women living in fear of terminating love affairs with their paramours. 'There is widespread public perception that the courts are not responsive or are indifferent to this scourge.  Many cases of this nature are coming before this court,' the judge said as he committed Kefakae to death.

Dibotelo said the imprisonment sentences by the courts on convicts of this nature have not acted as a deterrent to those who continue to murder women under the guise of love.  He said the time has come for the court to up the stakes in order to stamp out the practice.

When delivering judgment, Dibotelo said it was not in dispute that the deceased died in the early morning of October 5, 2005.  'Further, it is common cause that the deceased's death was caused by post hemorrhagic shock due to multi stable wounds due to sharp force.'

On the evidence of the forensic pathologist I therefore find as a fact that the deceased's death was caused by post hemorrhagic shock due to multiple wounds caused by sharp force,' the judge said.

During the trial, one of the State witnesses, Michael Dikube a brother of the victims, said Mammie had phoned him to pick her up at T and T supermarket in Mogoditshane where she worked.  He went there with her new boyfriend Mothusi Motsumi. He said they met Mammie on the way who was in the company of another woman called Thapelo and the four proceeded to walk home together.

He told the court that as they walked down the stream they were joined by Kefakae.  Michael testified that Kefakae called out to Mammie but she ignored him and continued walking. He said when they were by the stream, Thapelo and Mothusi took a different direction but he stayed with Mammie.  Michael said after Thapelo and Mothusi parted with Mammie, Kefakae stopped her.  At that time, Michael was walking a short distance behind Mammie and Kefakae. He then heard Mammie shouting his name and he ran towards them.  He testified that as he came running, he saw Kefakae chopping his sister with an axe and then stabbing her with a knife.

He said when he came closer, Kefakae chased after him with the axe.  He again saw Kefakae stab Mammie in the ribs and body with a knife.  Michael said he called out to people to come and help. He said when the people came running, Kefakae ran away.  Michael testified that he saw a small axe beside Mammie who was lying on the ground.  But he did not find the knife.  He said when Kefakae stabbed Mammie with a knife, he was about 20 metres away. Judge Dibotlelo said he believed Michael's evidence that Kefakae chopped his sister with an axe and stabbed her with a knife.  'I therefore find as a fact that the accused caused the death of the deceased with malice aforethought.' The judge dismissed claims by Kefakae that it was in fact Michael who killed his own sister. 

He said if this were true, Kefakae's attorney would have raised this point when he was cross-examining Michael.

'If the accused version in this respect was not an afterthought it would most certainly have been put or suggested to PW1 by counsel for the accused that he was the one who chopped his own sister with an axe or stabbed her with a knife,' the judge said.