277/2003-Spilg and Mack & DITSHWANELO (on behalf of
Lehlohonolo Bernard Kobedi) v. Botswana
Summary of Facts
1.
The Communication is submitted by Brain Spilg an advocate in South Africa
and Unoda Mack, an Attorney with Mack Bahuma & Moncho based in
Botswana. The authors of the Communication are appointed pro deo1
deceased.
2.
AC
HP
R
representatives for Mr. Lehlohonolo Bernard Kobedi (hereinafter Kobedi), now
The Complainants allege that on the 14 October 1998, Kobedi was convicted
and sentenced to death by the High Court of Botswana for murder of a Sergeant
of the Police force of Botswana – Sgt. Kebotsetswe Goepamang on 22 May 1993.
According to the Complainants, it is alleged that Sgt. Kebotsetswe
3.
Goepamang died as a result of a bullet wound, received during the course of a
police manhunt on the 22 May 1993 from Kobedi who had escaped from custody.
The Complainants however maintained that the shot had been fired by another
policeman and not by Kobedi. They claim that he had been wrongly charged
with the murder of Sgt. Kebotsetswe Goepamang.
4.
The Complainants submit that Sgt. Goepamang had been shot by a high
velocity firearm, AK 47, a type used by the police force and not a low velocity
firearm such as found in possession of the accused/victim which was a
Kalashnikov 9mm. It is further submitted by the Complainants that were it not
for gross medical mismanagement by the hospitals and medical staff treating
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Counsel appointed at the instruction of the Court and whose legal cost is paid by the state due to the
indigence of the accused/victim.
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