Jeremiah recently appeared before Justice Zibani Makhwade for Modisaotsile Kethabile to challenge the trial, conviction and sentence of a magistrates court in Serowe last year. Kethabile was convicted on a charge of rape and sentenced to 10 years imprisonment late last year.Jeremiah said the magistrate failed to guide the accused on basic trial procedure and purpose and the right to cross-examine witnesses."The magistrate at court failed to guide him as an unrepresented person about the right to cross-examine witnesses and what would be expected of him at trial," he said.
He submitted that the conviction should be set aside because it was unsafe. The defect of the magistrate rendered the trial unfair on the accused person. "An unrepresented accused person is entitled to know of his rights at trial, not necessarily for the magistrate to give a lengthy explanation but to (ensure that) the accused person understands and is able to defend himself," he added. Jeremiah said ultimately the appellant suffered prejudice because the magistrate made his decision based on the fact that the appellant did not cross-examine the witnesses, yet the same magistrate did not explain to the appellant the basic procedure of trial - his right to cross-examine and the purpose of cross-examination.
