CRI/APN/664/2001

IN THE
HIGH COURT OF LESOTHO

In the
matter between:-

TSIETSIPANYANE
APPLICANT

and

THE
DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT

JUDGMENT

Delivered
by the Honourable Mr Justice S.N. Peete on 3rd December, 2001

Having
heard Mr Putsoane and having heard Ms Mofubelu, the application is
granted and the conviction and sentence of applicant are set aside
for the following reasons.

Firstly,
section 5 (2) of the Childrens Protection Act 1980 provides that
where a person below (18) eighteen is charged with an adult, the
Director of Public Prosecution must direct that such a person be
tried jointly with an adult before a Subordinate Court sitting as
such. The appellant was below eighteen (18) years when tried and ex
facie the record, the DPP had not directed as required by law. This
amounted to a mistrial justifying quashing of proceedings.

2

Secondly,
upon the merits of the case there is no sufficient evidence proving
beyond reasonable doubt that applicant committed the crime of theft
or if not, at least subjectively knew that the vehicle he drove was
stolen; the applicant's explanation was reasonably possibly true.

Conviction
and sentence are hereby set aside.

S.N.PEETE

JUDGE

For
Applicant: Mr Putsoane

Crown :
Ms Mofubelu