Security agents jailed for killing of John Kalafatis will hear their appeal case January 26 in a last ditch attempt to freedom.
Dzikamani Mothobi, Goitsemang Sechele, Ronny Matako and Boitshoko Maifala ÔÇô all of them Botswana Defence Force members, were in late 2009 found guilty and sentenced to custodial terms for the killing of Kalafatis.
Judge David Newman, who convicted and sentenced the four Botswana Defence Force members, freed Mothobi in his latest application for bail pending appeal but would not let free the remaining convicts because their sentences were lengthy.
Through their lawyer, Thabiso Nfila, the convicts insisted they shot Kalafatis in a heated spur of the moment since they believed he was armed, citing his previous brushes with the law.
Botswana Police Service personnel testifying before Newman would not label Kalafatis as a dangerous person who would warrant to be hunted high and low with loaded guns.
The four argued they committed the offence in line with the call of their duties, protecting and securing the nation and calling on the judge to free them.
The state prosecution, however, insisted they committed the crime with intent to kill, citing an avalanche of bullets that riddled Kalafatis’s body.
Instead of convicting them with murder charges for which penalty is a capital sentence, the state prosecutor, Kabo Leinaeng, however, settled on charges of manslaughter because they consented that extenuating circumstances existed in the case.
Judge Newman sentenced Sechele, Matako and Maifala to eleven years imprisonment while Mothobi was slapped with three years imprisonment, two of which suspended on condition he does not commit the same offence.