HIGH COURT OF LESOTHO
NTSASA SETABELE MOLISE
HON. MR JUSTICE S.N. PEETE
27th MAY, 2003
accused was originally charged with the, crime of murder it being
alleged that on the 4th day of September 2000 at or near Rothe
district of Maseru the accused did one or other or both of them did
unlawfully and intentionally kill one Komoto Mothobi.
accused No.l then tendered a plea of "guilty to assault common"
which plea the crown accepted.
then outlined its facts and informed the court that on the day in
question the accused was seen hitting the deceased with
stick while Setabele Molise hit Malebohang Ntsasa, who was alleged to
be having an illicit love affair with Komoto
no direct evidence that this assault caused the death of the
deceased. With such insufficient evidence, a verdict of murder
culpable homicide could not be sustained under the circumstances.
This matter being on summary trial under section 144 of the
Procedure and Evidence Act of 1981, this court solely had to rely
upon the outline made by the Crown Counsel.
Guilty to assault common.
No previous convictions.
One year imprisonment wholly suspended for three years
on condition that during that period the accused is not convicted of
an offence involving violence to person for which he is sentenced
an imprisonment of six months or more without an option of a fine.
: Ms Sello
Defence : Mr Molapo
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