Convicted cop killer denied leave to appeal

2014-05-20 14:38
(Picture: Sapa)

(Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Johannesburg - A North West man convicted of robbing and killing an off-duty policeman was denied leave to appeal by the Constitutional Court on Tuesday.

Thembekile Molaudzi and a number of co-accused were sentenced to life imprisonment for the murder and 21 years for robbery and possession of an unlicensed firearm and ammunition.

The North West High Court in Mahikeng sentenced them on 22 July 2004.

Molaudzi challenged his conviction before a full bench of the same court, but the appeal was dismissed.

The Supreme Court of Appeal refused a further application for leave to appeal. Molaudzi then approached the Constitutional Court on the basis that he had been wrongly convicted.

On Tuesday, the court denied him leave to appeal because the case did not raise a constitutional issue and there were no reasonable prospects of success.

"There is, however, one aspect that calls for comment and censure," read the judgment handed down by Judge Thembile Skweyiya and eight other judges.

"The applicant was sentenced on 22 July 2004. The appeal was only heard by the full court on 7 December 2012. How did this come about?"

Molaudzi alleged he was told he had to obtain a copy of the trial record before his application for leave to appeal could be considered.

The trial judge only signed a copy of the record in October 2008. The record was incomplete and Molaudzi was told the trial judge was attempting to reconstruct the record from her notes.

"Only after intervention by the Mahikeng Justice Centre and Lawyers for Human Rights did the applicant receive the full trial record in 2012, some eight years after his conviction and sentence," the judgment read.

"Judicial officers have a duty to ensure that egregious delays of this kind do not occur."

The court did not comment on the reasons for the delay since the matter was reported to and investigated by the Judicial Service Commission.

- SAPA

Read more on:    mahikeng  |  crime
NEXT ON NEWS24X

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
5 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 
Traffic
Lottery
 
  • Tuesday Mitchells Plain - 19:35 PM
    Road name: M7 Vanguard Drive
    ROADWORKS - traffic restrictions between the R300 and Highlands Drive - expect delays
  • Tuesday Belhar - 17:58 PM
    Road name: Belhar Drive
    TRAFFIC LIGHTS not working at Alabama Drive
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

Deal of the Week!

Get bestselling John Green novels now just R99 each! Hurry and get yours while stocks last. Shop here.

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Nintendo Wii Console

Featuring a remarkable wireless controller experience, the Nintendo Wii console...

From R2999.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

Something may come up to alert you of your security needs. It may be that you need to create a better structure for your finances...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.