The two were sentenced to death last month by Justice Maruping Dibotlelo of Lobatse High Court for the murder of Zimbabweans Robert Ncube and Sam Homberaume in Mogoditshane eight years ago. In the appeal, lawyer, Ookeditse Maphakwane for Molefe said the High Court judge erred in law in admitting and acting upon his client's inadmissible confession statement. He submitted that there was overwhelming evidence that the confession was not freely and voluntarily made.
Maphakwane stated that the judge erred in both law and fact when he failed to find that the state had not proved its case beyond reasonable doubt against Molefe. He added that the court did not consider that the ballistic expert failed to link the recovered fire-arm with the killing of the deceased persons and Molefe. He said the High Court failed to consider the adverse impact of the accomplice witness's withdrawal from further testifying on the prosecution's case. The attorney said the conviction of his client is contrary to law and against the weight of evidence led in the entire case.
