CRI/T/18/80IN THE HIGH COURT OF LESOTHO. In the matter of:REXv'MATHAPELO MAPHOBOLEJUDGMENTDelivered by the Hon. Mr. Justice M.P. Mofokengon the 29th day of January, 1981.The accused is charged with the murder of her husband (hereinafter referred to as the deceased) it being alleged that on or about the 20th day of October, 1979 she unlawfully and intentionally killed him. To this charge the accused pleaded guilty and Mr. Mda who represented her intimated to the Court that the plea was in accordance with his instructions. However, and because of the seriousness of the charge, a plea of not guilty was entered on her behalf.In a nutshell, the Crown's version is simply that the accused put in a poisonous substance in Sesotho beer (at their home) contained in a plastic container. She then poured that poisoned beer into a mug and with her own hand, gave it to her husband. He drank at least a littleof that same beer. He immediately complained that the beer he had just been given, and drank, tasted very bad. It had the smell of onion. He accused his wife of having put poison in it. He further complained that he felt as if his intestines were being cut. Soon thereafter, he ceased to speak and ultimately died./2.
-2-The defence version also briefly, was to the effect that the deceased had previously bought medicine for killing cattle lice. It was contained in a plastic container. However, it snowed very heavily with the result that the deceased was unable to proceed to the mountains where his cattle-post was situate. Later the contents of the plastic container were emptied and the plastic container just lay there around the house unused. It was then said that when the accused put the Sesotho beer in it, she forgot to wash it. That was how the Sesotho beer got mixed with the poison. The accused's defence was put neatly as follows to Mr, Moholobela during the latter's cross-examination:"D.C.- According to her version as given so far, she seems to say that she put beer there (in exhibit 1) unaware of its previous contents, at least having forgotten that there were some previous contents? That I do not know."Machabe Lenka, a young herdboy (aged about 14 years) briefly deposed that he was related to the accused. On the Saturday in question, at about dusk, he was requested by the accused to fetch her beer contained in a plastic container from another house. He brought the beer to the accused who then poured it into a mug and handed it to the deceased. The latter drank the Sesotho beer thus offered to him by his wife. He swallowed some of this beer but a certain portion remained in his mouth because he then went outside and spat it. He came back and accused his wife of having put poison in the beer. He said he could smell it. Then one Moholobela came and to him also, the deceased complained, in the presence of the accused, that the latter had made him to "drink poison there at his home because that beer smelt poison which he did not know which smelt like onion."/3.
-3-Machabe says that it was Moholobela who said that it might be that the container had not been properly washed. As we shall see presently, Machabe was mistaken. It was the accused who said so. After Moholobela had left, the deceased continued to accuse his wife of having put poison in the beer. Accused had then been given the mug containing the Sesotho beer by the deceased to drink. But she merely put it down next to her.Shortly after Moholobela left, deceased began to perspire. When asked by the witness whether he usually perspired when drinking he replied in the negative. Immediately thereafter deceased went outside and then came back. He asked that his bedding be prepared. He sat on a stool and said he felt as though his intestines were being cut. When Machabe asked the accused what the matter was with the deceased, accused said that deceased had laped into mental illness. He once had a mental illness. As the accused said so the deceased pointed a finger at her. It was at this stage that accused sent him, Machabe to go and call people. He saw the accused leave holding the deceased saying that "the deceased was going to hold her and beat her." However, when he came from raising an alarm, he found the deceased having died.Under cross-examination he said that that medicine was bought because it was said that cattle had lice. This medicine was contained in a bottle similar to exhibit 2. He had put that medicine then on the window sill. It was then that he saw that there was an empty plastic container. He said the plastic container which contained medicine to wash sheep came with the verterinary clinic staff and after the sheep were washed they took it back with them. That container was bigger and whiter in colour. He was adamant that the medicine which was bought was "for cattle when they
-4-were very loan because they had lice so they were coming to be dipped or washed." He never saw another container similar to exhibit 1. This exhibit belonged to the home of the deceased and"H.L. - On that day when you were asked togo and fetch it from the other room, was it the first time you saw it being used?-It had been used for a very long time."Machabe also mentioned in his evidence-in-chief that the deceased at one stage took a stick and said that if he was going to die he was going to die with the accused. He then placed the stick on the floor and put his feet on it. He did not actually assault her.Finally Machabe said that the beer which was in the mug was poured into the dirty water in a basin which accused was using to wash dishes. The accused did so. He says that the container was not full of liquor that is why all the liquor from it was poured into a mug.Moholobela Maphobole is a bugle in the village and is a relative of the accused. On the Saturday in question there had been Sesotho beer at the accused's home earlier during the day. A beast had died and they helped the deceased to skin it. The accused was present at home and was cleaning its intestines with the help of some women. Later they all drank and none of them got drunk. Late in the afternoon they dispersed. He says about accused's condition: "H.L. - You said the accused was not drunk? Yes, Have you known her for a long time? That is so. Have you had drinks together with her? Yes. Until she got drunk? Yes. I always drank together with her but I have never seen her drunk. She drinks moderately, does she? That is so." When he parted with them (that is accused and deceased) there/5 -5-had been no quarrel or any misunderstanding between them.He came back after sun-set. It was not dark. As he approached he heard the deceased scolding. When he entered he heard him say:"Why do you give me such bad beer in which you have put poison. Why do you kill me so cruelly?"Deceased was speaking to the accused. Deceased held a mug. Ho then gave him the mug of beer he held to him and requested him to taste it, but before he could do so, the deceased took it back again and said:"this thing will kill you like me and cut your intestines."He then gave the mug to Machabe with the instructions togive it to the accused who was seated on the floor washing dishes. The accused denied that she had put any poison in the beer. She further said that:"she did not wash this plastic container when she put in beer in it. She said it was possible that it was the plastic container that was smelling, because she did not wash it when she poured beer in it."He says that the deceased was not drunk. He was following deceased when the latter went outside. The deceased spat saliva.Moholobela says that he was hardly at home when he was called to the deceased's home. He found deceased being attended to by Lejone. Froth was coming cut of his mouth and nostrils. The deceased breathed heavily as though he were choking. Within minutes the deceased was dead.The following day Moholobela, in the presence of the accused, explained to the family what the deceased had said. Accused said she had not put any poison in the beer. She/6
She drinks moderately, does she? That is so." When he parted with them (that is accused and deceased) there/5
-6-was then asked whether she heard what her husband had said. She said she did and that she had, in fact, put medicine, which was in exhibit 2, in the beer. She said she had found it on the window sill of another room. She said she did what she did because deceased had refused when she wanted to go to her maiden home. She then went to point the medicine out and"C.C.- And what did she say when she pointed at it? She said she had put in the medicine which was in that bottle.
o il'a re (she said). "Ke t'setse chefo"(I have put in poison). She says that is correct. Even in court she pleaded guilty; and she soys that the latter portion she gave is correct. In other words, she does not wish to recant - she has pleaded guilty."About the treatment she had received and whether she had complained to Sgt, Mconyane about it, the evidence went thus:"C.C.-(To Sgt, Moonyane), I am taking you back a bit on the day you went to the village, when you first met the accused. Did she at any time complain to you about any ill- treatment, or pressurising in respect of this case, that is at the hands of the family and relatives of the deceased? No,D.C. - May it please you My Lord. I want to make it clear that accused will never complain either by the family or by the police. None at all."Everything she said to the family was free and voluntary. The position at the pointing out was further clarified as follows:"H.L,-She went and showed you the medicine she had put in the beer? She did. She pointed it out to you? She did. Is that the bottle now before Court? It is similar to it."/8.
"C,C.-Right, 'M'e (mother), this medicine when you poured it in the beer, you realised that it was fatal? I was aware that it was fatal because it washes the animals; they are never made to drink it.
JUDGE