R v Thapeli (CRI/A/8/05)

Case No: 
CRI/A/8/05
Media Neutral Citation: 
[2003] LSHC 93
Judgment Date: 
23 August, 2003

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CRI/A/8/05

IN THE HIGH COURT OF LESOTHO


In the matter between:-


SEKILA THAPELI

VRS

REX


RULING


Delivered by the Honourabel Acting Judge Mrs. Mahase On the 23rd August 2005


This is an appeal against the sentence imposed upon the accused by the learned magistrate for the district of Leribe.


The appellant and three others were convicted on a charge of housebreaking with intent to steal and theft.


They were each sentenced to pay a fine of M6,000.00 or in default, six years (6) imprisonment.


The matter was set down for hearing on the 22/7/2005. Mr. Seitlheko appeared for the crown.


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He then successfully applied for a postponement of the matter so that he could study the file.


Mr. Fosa who, on the papers before court had noted this appeal on behalf of the appellant, Sekila Thapeli was then not in court; neither was the appellant.


The matter was postponed to the 23/8/2005. On that day Miss K. Khoboko appeared in court on behalf of the crown.


She applied successfully that the matter be withdrawn from the roll of this court.

The reason being that neither the appellant nor his Counsel were before court to prosecute the appeal.


The court accordingly granted the application of the withdrawal of this matter from the court's roll.


There has to date not been any formal notice of withdrawal by Mr. Fosa as an attorney of record representing the appellant, nor of the appeal itself.


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This court is however not in a position to refuse the application moved by the crown that the matter be withdrawn from the roll for lack of prosecution of the appeal.


It is clear that the appellant no longer has an interest in the appeal. It is accordingly withdrawn from the roll of this court.


The appellant should serve the sentence imposed by the learned magistrate.


The Registrar is to communicate this order to the relevant authorities in Leribe; and have a copy of this order served upon the appeallant herein.


M. MAHASE (MRS)

ACTING JUDGE


For Crown : Miss Khoboko

For Appellant : Mr. Fosa


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