CRI/T/25/84

IN THE
HIGH COURT OF LESOTHO

In the
matter of :

R E X

V

1. FUSI
NKU

2. KAMPA
NKU

JUDGEMENT

Delivered
by the Hon. Chief Justice T.S. Cotran on the 16th day of December,
1985.

This case
has caused us great anxiety. We are satisfied that this cattle
merchant, the deceased, has actually been killed in circumstances

that are 95% murder. The evidence against you consists of two
statements made to a magistrate, which we were satisfied were
voluntarily
made, but which you say, and you retracted them in the
witness box saying they were made under duress and force.

Your
performance in the witness box was bad. There are some indications in
the case for the Crown of the presence of blood on your
clothes and
mud resumbling the mud in the place where deceased was found. But
again you say that this blood is not the deceased'
blood but of one
of yours. But there is nothing else against you except very very
strong suspicion. And the fact of the matter
is, under our Law we
must be not only 95% sure of your involvement in the murder, we must
be 100% sure.

2

The fact
of the matter is that the responsibility on us is too great. We are
not 100% satisfied, as we should be of your guilt.

We have,
very reluctantly, decided to find you not guilty and you are
acquitted and discharged.

T.S.
COTRAN

CHIEF
JUSTICE

For Crown
: Mrs. Bosiu

For
Defendants : Mr. Ngakana