CRI/A/40/84

IN THE
HIGH COURT OF LESOTHO

In the
Appeal of :

TSITSO
MOKHETHI

V

REX

JUDGMENT

Delivered
by the Hon. Acting Judge Mr. Justice J.L. Kheola on the 4th day of
June, 1984.

The
appellant was charged with contravening section 3(a) of the dangerous
medicine Act No. 21 of 1973. It is alleged that on the
31st December,
1982 and at or near Tiping in the district of Berea the appellant
unlawfully dealt in dagga weighing 113,000 grams
without a permit.

He
pleaded not guilty. At the end of the trial he was found guilty as
charged and sentenced to 15 months' imprisonment.

The Crown
evidence i& that on the 31st December, 1982 at about 12 midnight
the Mapoteng police conducted a road block at Tiping.
While they were
there a grey Ford Cortina van with registration No. FT2. 403T was
stopped by them. As soon as it stopped two men
came out and ran away.
The policemen chased them but failed to catch them because it was
dark. The vehicle was searched and seven
bags of dagga

2

were
found in it.

It
subsequently turned out that the vehicle belonged to one Matobako
Ntsihlele. He lent the vehicle to the appellant on the 29th
December,
1982 on the understanding that the appellant was going to visit his
wife in Welkom. On the 1st January, 1983 the appellant
went to
Matobako and told him that his vehicle had been seized by the police
at Mapoteng because it was conveying dagga. The appellant
further
reported that he left the keys in the vehicle and ran away when the
police stopped them.

The Court
a quo found that there was overwhelming evidence that the appellant
borrowed Matobako's vehicle and that he later came
to him and
reported that he had been conveying dagga with it. The appellant
chose not to give evidence in the face of the direct
evidence
implicating him.

The
appellant appeals against the Judgment of the trial Court on the
ground that he was not found in possession of the dagga and
the
vehicle carrying it. There is altogether no substance in this
argument because the police found two men in possession of the
dagga
and the vehicle. Unfortunately the two men fled before the police saw
who they were. The appellant confessed to the owner
of the vehicle
and other witnesses that he was one of the two men who were found in
possession of the dagga but managed to escape
before they were
apprehended. Mr. Pheko for the appellant conceded that by failing to
give evidence to rebut the prima facie case
established by the Crown,

3

the
evidence became conclusive. I must point out that at the trial Court
the appellant was represented by Mr. Jobodwane who also
lodged the
appeal.

The
appeal is dismissed.

Immediately
after dismissing the appeal it was reported to me that the appellant
had failed to appear before this Court having been
properly served on
the 15th March, 1984. I ordered that a warrant of his arrest should
be issued and that his bail deposit of M200
should be forfeited to
the Crown because the appellant was in breach of the condition upon
which the bail was granted.

ACTING
JUDGE.

4th
June, 1984.

For the
Appellant : Mr. Pheko

For the
Crown : Mr. Peete