Judge sets aside conviction, sentence in rape case

FRANCISTOWN: Justice Zibani Makwhade yesterday set aside a 15 year prison sentence by the magistrate courts here as he ruled that the trial was unfair on the appellant.

Karabo Gaseitsewe had approached the courts to appeal against conviction and sentence on February 1, 2012 after he allegedly committed the crime in February 2010.  Makhwade said that it would not be right to allow the conviction to stand.  This means that Gaseitsewe eludes the remaining 13 years on his sentence as, according to the judge, the magistrate and prosecution blundered at the time of trial.  In his judgment Makhwade said that the appellant raised two issues.

"The first issue was that the evidence of the complainant was not corroborated and the second issue was that he was not given an opportunity to call all his witnesses," he said.

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