12 Jun 2024

The Court of Appeal (CoA) has dismissed Jamo Kobati’s efforts to appeal his death conviction out of time on condition that he failed to substantiate valid reasons for the delay.

Delivering his ruling in Gaborone on Friday, Justice Lakhvinder Singh Walia further concluded that the appeal had no prospects of success.

He said the applicant was convicted by Judge Matlhogonolo Phuthego of the Francistown High Court on July 15, 2022 on one count of murder, threat to kill and theft.

Therefore, finding no extenuating circumstances on the murder charge, Kobati was sentenced to death.

According to the case record, the notice of appeal was to be filed at the High Court on August 03, 2022 within the prescribed time frames.

However, Kobati’s attorney had inadvertently forgot to file the notice of appeal with the Registrar.

Therefore, the convict was seeking the indulgence of the CoA to allow for his appeal to be filed after the expiry of the prescribed time frame.

Kobati was sentenced to a term of 18 months’ imprisonment, wholly suspended on each of the other two counts.

“There is no appeal in respect of the other charges,” Justice Walia said. In relation to the murder charge, it was alleged that on or about August 28, 2018, at or near Nokaneng in the North West District, the applicant murdered Chiqo Nxauwe.

Kobati had earlier pleaded not guilty to the charge, but after three prosecution witnesses had testified, he decided to change his plea to guilty on all counts.

Justice Walia said, according to the case record, Kobati and the deceased were at one point, before the unfortunate incident in a love relationship that was characterised by endless misunderstandings.

He said on the day of the incident, the applicant and the deceased were summoned by the police at midday for a reconciliation meeting at the Nokaneng Police Post.

“At the police station the accused person, now convict and the deceased agreed to go their separate ways as their love relationship was no longer working,” he said.

While at the police station, the deceased indicated that her shoes were at the convict’s place. “It is then at that point that Sergeant Makumbi, the Police Post Commander released Constable Poloko and a police volunteer Gopolang Malepe to escort the deceased to the convict’s place to collect the shoes,” said Justice Walia.

Upon arrival at the convict’s house, the convict went into the house, while Poloko, Malepe and the deceased remained outside. Later on, the convict is said to have called the deceased into the house but she refused to get inside.

Few minutes after calling the deceased into his house, the convict is said to have emerged from the house holding a rifle, to which the trio of Constable Poloko, Malepe and the deceased  ran for their dear lives.

The case records further shows that the convict pursued the deceased and shot her from the back at close range.

Forensic Pathologist at the Letsholathebe II Memorial Hospital,  Dr Varapvasad Patnaik also through a post-mortem report dated September 06, 2018, confirmed that the cause of death was found to be gunshot injuries.

The convict, now the accused person, was pursued by the police and arrested at Mopako cattle post on August 31, 2018. On the count of threat to kill, the convict was said to have on August 28, 2018 at or near Nokaneng threatened to kill Constable Poloko by uttering the words, “Poloko o seka wa leka go ntshwara, ke tla go bolaya gompieno,” a statement that was believable since the convict was in possession of a gun.

On the third count of theft, the convict on August 28, 2018 at or near Nokaneng with intention to permanently deprive the owner, stole a 30.06 rifle of serial number 023746 worth P3 000 being the property of Jethro Oya Nyathi. ENDS