CRI/T/22/86

IN THE HIGH COURT OF LESOTHO
In the
matter of :

REX

vs

MOETI TSOOANA

J U D G M E N T

The accused is charged with murder, it being alleged
that on the 7th day of March, 1985 and at or near Maloseng in the
district of
Butha Buthe he unlawfully and intentionally killed
Mateboho Tsooana (hereinafter referred to as the deceased). To this
charge the
accused tendered a plea of cul­pable homicide and the
Crown accepted it.

The evidence against the accused is that he had been at
loggerheads with the deceased, who was his wife, for a very long
time. It
seems as if the cause of their quarrel was due to the fact
that the deceased had been made pregnant by another man. As a result
of
this misunderstanding the deceased was afraid of the accused and
always ran away from him.

/

2

On the 7th March, 1985 the accused was seen in the
company of the deceased during the day. On the following day the
accused went to
his sister, 'Malekhetho Tsooana and reported to her
that he had assaulted the deceased because she always ran away from
him. In fact
on the previous night the accused had told his sister
that he would beat up the deceased until she dies.

On the following day the deceased was found in her house
with very serious wounds on her body. She died two days later. At
that time
the accused could not be found anywhere in the village. It
later turned out that after assaulting the deceased he fled to the
Republic
of South Africa where he worked in the mines. .

According to medical evidence the deceased's death was
due to Haematothorax left, retroperitoneal bleeding right, causing
hypovolenic
shock. The dead body of the deceased had stab wounds on
the left arm, left side of chest, left breast, right eyebrow and
right side
of the body; the right eyeball was perforated; there were
two lacerations on the left lung and there was a 3cm. long laceration
on
the right kidney.

There is no doubt in my mind that the accused unlawfully
killed the deceased and that the attack upon the deceased was a very
brutal
one.

The accused is found guilty of culpable homicide.

/

3 SENTENCE:

Three (3) years' imprisonment of which half is suspended
for 3 years on condition that he is not convicted of any offence
involving
violence to another person committed during the period of
suspension.

J.L. KHEOLA
ACTING CHIEF JUSTICE.

4th November, 1986.

For Crown - Mr. Seholoholo
For Defence - Mr.
Kolisang.