A Botswana appeals court reserved judgement on death...

A Botswana appeals court reserved judgement on death row inmate, Lehlohonolo Kobedi's case.
A Mmegi report on his case read: "Kobedi knows that his life hangs on a thread. He has been on death row for the last four years. He knows that this is his last opportunity to try to dodge the hangman's noose. But the expression on his face tells a different story altogether.
He seems not to concentrate too much on the deliberations. He looks sick. The bench that he sits on seems to be uncomfortable as he moves around to get some comfort in vain. At the end of the case, Kobedi is quick to extend a hand of appreciation to his lawyers. He tells them, "Thank you. I am going."
He will wait in prison until the court decides his fate.
The Appeal Court presided by Justice Patrick Tebutt, reserved judgement indefinitely.
This is the second time that he has approached the Court of Appeal to try to put aside his conviction and sentence. Kobedi was found guilty of murdering police officer, Sergeant Kebotswetse Goepamang at Botepetepe lands near Serowe in 1993.
This time around, Kobedi has introduced new arguments to his case. His defence team, headed by Advocate Brian Spilg, raised a constitutional issue relating to the obligatory death sentence where there are no extenuating circumstances.
According to Spilg, this contravenes the Constitution of Botswana which guarantees human rights. Kobedi's lawyers also argue that his ill health does not warrant death by hanging. They argued that hanging will constitute cruel and inhuman punishment. This, they also argued contravenes the constitution of Botswana which protects people from inhuman treatment.
The defence also questioned the conviction and sentence because Botswana breached its obligations to South Africa and Kobedi under the Vienna Convention on Consular Relations. They also said Kobedi was not afforded a legal representative of his choice. They emphasised that he was not accorded a fair trial.
The defence wants the court to grant Kobedi leave to lead further evidence to show that the bullet wound on Kebotswetse was not inflicted by a low velocity bullet from Kobedi's firearm but by a higher velocity bullet.
In relation to extenuating circumstances, the defence wants to show that had it not been for the negligence of the health personnel, the deceased would not have died. They intend to show that the wound sustained by Kebotswetse was not excessive as indicated during the trial.
In reply, Assistant Attorney General, Lizo Ngcongco said there has to be finality to litigation.
He said the Court of Appeal has already made a determination on the issue and there is no way it can review its decision. On issues relating to the constitution, Ngcongco said it is not the duty of the courts to change and that the appeal should fail because most of the reliefs sought are impossible by reason of being out of the court's jurisdiction.
On the cruelty of the death sentence, Ngcongco said death by hanging was preserved by the constitution when it came into effect in 1966 and the constitution will have to be amended to accommodate other forms of executing those sentenced to death. He said there are no studies to show that other forms of killing people are not inhuman and that, as far as he is concerned, every method used to kill inflicts pain.
He countered that Kobedi had a legal representative of his choice. He said the only problem was that his lawyer was struck off the roll.
He said the issue was not raised at the last appearance at the Court of Appeal and added that Kobedi has had problems with all the lawyers that represented him.
Ngcongco said it was not important to inform South Africa about Kobedi's situation as he has indicated in the past that he is a Lesotho national.