Thusani Gweru and his girlfriend, Winnie Dube, appealed a 12-year sentence for armed robbery and a six- year jail term for motor vehicle theft passed by the Gaborone magistrate on May 28 2004. The sentences are to run consecutively. Gweru, in his appeal, noted that the prosecution failed to prove beyond reasonable doubt that he was connected to the crime he was accused of.
However, Justice Dibotelo found no grounds to that argument. He found it regrettable that Gweru failed to dispute the damning evidence the state brought against him. He asserted that the appellant failed to discredit the evidence brought before court the by state. Dibotelo quoted the prosecution witness number one saying "how could I forget the humiliation my family suffered that day. This man Gweru ate our food when he kept me captive for about 45 minutes to an hour". Justice Dibotelo reminded the appelant that it was on record that Gweru was found in possession of the stolen Toyota Hilux belonging to the complainant. About Dube, Justice Dibotelo was of the view that her sentence was appropriate, noting that there was damning evidence that the appellant had other motives to commit the crime. "The appellant has already removed all her belongings from the servant's quarters she was resident and as such I found it hard for her to return to her employers," Dibotelo observed. The judge added that the appellant betrayed the trust of her employers as she opened the kitchen door for Gweru when the robbery took place. He found no grounds to temper with the conviction. The conviction was upheld, but he ordered that the sentences run concurrently dating back to the May 24 2004, the day on which the appellants were remanded in custody.
