crime but her friend (P.W.2) told her of the incident and that she had seen
a man on a motorcycle a day before the incident riding behind the said
jeep. She knew him as one of the robbers very well and would point him
out when she saw him. The Appellant was pointed out to the P.W.5, the
next day as one of the armed robbers and P.W.5 told her friend she had
seen the Appellant riding on a motorcycle behind a black Honda jeep.
P.W.5 said the Appellant came into her shop one day and when he left, a
man came asking questions about him. The man told her that the
Appellant was always going into her shop. She would tell everyone. P.W.5
swore that she called the Appellant and asked him about it and gave him
advice. P.W.5 said the Appellant confided in her that he had stolen for
which the police wanted him.
?Appellant also testified for himself that he is a panel beater and was
arrested on the 11/7/08. On that day, he had prepared to go into the bush
on
3. his motorcycle where he went to guard his land when he was hit by a
red sports car belonging to members of the SARS squad. He was arrested
by these men and taken to SARS unit Awkuzu. Appellant swore that he
was handcuffed, tortured and asked to confess his crimes and say where he
had kept the vehicle. Appellant confessed to selling and using hard drugs
but denied that he had ever stolen anything. Appellant testified that on
11/7/08, the IPO took him out of the cell and pointed him out to PW1 who
nodded her head and he was returned to his cell. That P.W. 5 never gave
him any advice but he knew her as a woman who sells medicine in a
chemist shop. Appellant said he had no knowledge the Police was looking
for him until he was arrested on 11/7/08. The trial judge convicted him of
armed robbery and sentenced him to death accordingly.
Dissatisfied with the judgment of the trial Court, the Appellant initiated
this appeal. Appellant filed a notice of appeal on 6/3/12 containing four
grounds of appeal and transmitted Records on 22/1/12. Appellant's brief
was filed on 19/4/13, deemed filed on 10/2/15. Amended notice of appeal
was filed on 24/9/13 with 5 grounds of appeal
4 and transmitted on 25/9/13, deemed filed on 3/7/14. Appellant's reply
brief was filed on 21/4/15. Respondent's brief was filed on 10/3/15.