Defence attorney Kgosiitsile Ngakaagae has indicated that he will be appealing Thabo Masiloâ€™s conviction and sentence.
Ngakaagae, speaking immediately on Friday after Masilo was slapped with a 13-year prison sentence for robbery and indecent assault, said an appeal was in the cards.
He said they have had little faith in the trial magistrate since the beginning of the trial. “We are definitely looking at the prospects of the case and we will be appealing both the conviction and the sentence.”
Ngakaagae, who asserts that the trial magistrate hates his client, said he hopes to find justice for Masilo at the Appeal’s Court.
“The magistrate has long shown that she was going to convict my client without any merits to this case. We will seek justice at the higher court, because clearly it shows she hates him and we did expect to be here today,” he said.
Earlier on, Village Chief Magistrate, Lenah Oahile-Mokibe sentenced Masilo to ten years in prison for robbery and 3 years for indecent assault, backdated to the time of arrest and also to run concurrently.
During sentencing, Oahile-Mokibe said punishment should fit the nature of the crime and that it is not done to break the offender. “Balance of certain elements should be considered when sentencing the offender like the interest of society and the reform methods in place for the offender,” he said.
However, Oahile-Mokibe said robbery is a serious offence that is on the rise in the country, especially those in which weapons are used.
She explained that appropriate punishment is be used as a deterrent and sends clear message that such acts are not tolerated. “There are a high number of armed robberies in the country and we have to protect the society from such acts. This is not to say that we will use the offender as example,” he said.
Oahile-Mokibe further said in Masilo’s case, he threatened the victim but more importantly also threatened the life of an innocent child.
“He might be a first time offender who was 20-years-old at the time but he threatened a defenseless child and that is a powerful factor to consider at this time,” she said.
It was reported that a three-year-old child was present while the crime was committed and Masilo also threatened the child.
Meanwhile, Masilo was last week Wednesday convicted and found guilty on charges of robbery and indecent assault.
He was found guilty of robbing and raping the victim on August 9, 2012 at Phase 4 in Gaborone West, though he denied all the charges and pleaded not guilty to both.
His murder trial is scheduled to start in May this year.