Judge Throws Out Kambe’s Application To Appeal

Judge Mercy Garekwe of the Court of Appeal (CoA) recently dismissed Kahorerua Kambe’s application to appeal a robbery conviction.

“The application does not have any reasonable prospects of success on appeal, therefore it stands to be dismissed. The application for leave to appeal is unmerited and is as such dismissed,” said Judge Garekwe in her ruling.

The CoA learnt that Kambe was convicted by a magistrate court on a charge of robbery, a conviction which was also confirmed by the High Court on appeal. Judge Garekwe noted that particulars of the offence were that on December 23, 2018 at or around 1200 hours at Wapula Bar at Bombadi Ward in Maun, Kambe, armed with a knife, stole a Samsung Galaxy cellphone valued at P1 500 from Bokamoso Setswalo.

Kambe is said to have immediately before or after stealing such, used violence on Setswalo in order to obtain and retain the said property.

Judge Garekwe said evidence in summary was that Kambe had followed the complainant who was in the company of one Oageng to the latter’s residence to collect Setswalo’s bags after which they proceeded to the bus station.

The court heard that Kambe had tailed the duo until they were in the vicinity of Wapula Bar, where he asked to use the complaint’s cellphone to make a call.

“At the end of the call and when the complainant demanded his cellphone back, Kambe refused to return the same, accusing the duo of stealing his cellphone earlier in the day. He contended that he was paying himself with the complainant’s phone and produced a knife to threaten the duo who ran away to save their lives,” the court heard.

It further heard that the applicant boarded a white taxi shortly thereafter leaving with the complainant’s cellphone which has never been recovered.

In his evidence during trial, Judge Garekwe said the complainant had alleged that he was in the company of the duo and another named Dimpho at a place called Mummy’s where he lost his phone and suspected the duo might have stolen it.

He also claimed that he produced the knife in order to protect himself against the duo and that he never returned the phone as his house was broken into while he was in police custody. On grounds of seeking leave to appeal, Kambe stated that he was denied the right to make final submissions and that the evidence presented by the state witnesses did not support the offence of robbery.