IN THE HIGH COURT OF LESOTHO
In the Appeal of :
MOHLALEFI LOTI Appellant
Delivered by the Hon. Mr. Justice M.P. Mofokeng
on the 14th day of July, 1982.
The appellant was charged before the Subordinate
Court of Butha-Buthe with the offence of assault it
being alleged that upon or about the 3rd June, 1981
at or near Mashili's he unlawfully and intentionally
assaulted one Monafu Moloi by pointing a firearm at him
thereby causing him to believe upon reasonable grounds
that he was able to perform his present ability. To
this charge he pleaded not guilty but was eventually
found guilty and sentenced to pay a fine of M50.00 or
in default of payment to undergo imprisonment for a period
of 5 months. Half this sentence was suspended for a
period of three years on certain conditions. He
appeals against such conviction and sentence.
In this judgment Monafu Moloi shall simply be
referred to as the complainant and the appellant as
The Crown's evidence is simply that when the
complainant and the accused met, in the forest, the
latter drew a pistol and pointed it at the former.
The accused was in an angry mood and issued insults
at the complainant. He threatened her with the pistol.
The complainant believed that the accused would carry
out his threats. When the accused so threatened the
complainant, he had no right to do so as the forest
did not belong to him but rather to the complainant's
family. The accused on the other hand that he was never
where the complainant alleged. He called witnesses
to bear him out but they let him down very badly.
Some of his witnesses, whom he said he was with at
the relevant time, swore under oath, that they were
never with him! The learned magistrate saw and heard
all the witnesses give evidence before him. He observed
their demeanor. He was thus in a better position to judge
whether they told the truth or not. He believed the Crown
witnesses albeit the minor descrepencies in their evidence
and totally rejected that of the accused and his witnesses.
This is not a case where this Court can interfere. In the
premises, the appeal is dismissed.
For the Appellant : In person
For the Respondent : Mr. Kabatsi.
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