Criminal Law – General

Rex V Biyo (CRI/T/480/2013) [2021]LSHC 64 (19 April 2021);

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IN THE HIGH COURT OF LESOTHO                    

HELD AT MASERU                                                       CRI/T/480/2013                                                    

In the matter between:                 

REX                                                                              CROWN

And

SEMPE BIYO                                                               ACCUSED

 

JUDGEMENT

 

Metsing V The Director of Public Prosecution (CIV/APN/425/2020) [2021]LSHC 44 (08 February 2021);

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SUMMARY

Criminal procedure – joinder of accused in a pending trial – accused resisting joinder on basis that it is not in compliance with the procedure of committal for trial after holding of preparatory examination – decision to indict summarily challenged – whether the challenge can be brought before a non-trial judge – Constitution  1993, sections 12 (1) and 2 (c); Criminal Procedure and Evidence Act, 1981, sections 99, 119, 140, 144 and 160.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

CIV/APN/425/2020

 

In the matter between:

 

 

MOTHEJOA METSING                                                 1ST APPLICANT

 

SELIBE MOCHOBOROANE                                          2ND APPLICANT

                            

 And

 

The Directorate on Corruption and Economic Offences V SOBITA Investment (Pty) Ltd (CIV/APN/183/2020) [2020] LSHC 2 (15 December 2020);

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SUMMARY

CRIMINAL LAW: Civil forfeiture of assets; The DCEO had applied for Preservation and forfeiture of property which it alleges is an instrumentality of a serious offence and/or the proceeds of unlawful activities- principles involved articulated and applied- Application dismissed with costs.

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                  CIV/APN/183/20

In the Matter between: -

 

THE DIRECTORATE ON CORRUPTION

AND ECONOMIC OFFENCES                                             APPLICANT                                            

AND

 

SOBITA INVESTMENTS (PTY) LTD                                   RESPONDENT

 

Rex v Phant'si (C of A (CRI-RESERVE) 1/2021) [2021] LSCA 6 (14 May 2021);

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SUMMARY

Criminal law and procedure - Reservation of law in terms of 15(1) of the Court of Appeal Act No.10 of 1978 – Accused convicted at the end of the trial –Whether the decision of the Court of Appeal in Mohale and Another v Rex C of A (CRI) No 2 of 2005 is correct regard being had to the fact that, it is inconsistent with section 12(4) of the Constitution – Whether the relevant age for consideration for purposes of section 26 (1) of the Children’s Act , in light of section 12(4) of the Constitution is the age of the date of the commission of the crime and not the date of sentence.

 

IN THE COURT OF APPEAL OF LESOTHO

Held at Maseru

C OF A (CRI-RESERVE) 1/2021

CRI/T/58/2011

In the matter of:

 

REX                                                                      

 

Versus

 

MAPHALE PHANTŠI                                                  ACCUSED                           

 

CORAM:                  DR K.E. MOSITO P

Rex V Ralekhutle (CRI/T/127/13) [2021]LSHC 06 (09 March 2021);

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CRIMINAL LAW: Accused charged with murder- crown witnesses  inconsistent on the critical aspect of the case- accused given the benefit of doubt and acquitted.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                              CRI/T/127/13

 

 

In the matter between:

 

 

REX                                                                                        CROWN

 

AND

 

 

TELU-TSEBENG RALIKHUTE                                           ACCUSED

 

 

Rex V Moeketsi (CRI/T/0009/18) [2021]LSHC 01 (13 January 2021);

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IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CRI/T/0009/18

 

In the matter between:

 

REX

 

Vs

 

    NO. 10534/10362 P/C DLAMINI MOEKETSI

NO.74001/45808 P/C MONAHENG ‘MUSI

                            NO.6752 SUPT. TLALI PHATELA

Mothobi v Director of Public Prosecutions (C of A (CRI) 04/19) [2020] LSCA 51 (30 October 2020);

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Appellants charged with murder in High Court but convicted of assault with intent to cause grievous bodily harm and sentenced each to fifteen years imprisonment;

 

Appellants making application for bail pending appeal to the high Court - application refused;

 

Appellants appealing against High Court decision but failing to show material change of circumstances as required by Rule 12(5) of Court of Appeal Rules 2006 or otherwise showing they are entitled to bail on any other basis – Appeal dismissed

 

 

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

 

C of A (CRIM) No. 04/2019                                                                                                                     

HELD AT MASERU                                                  

 

In the matter between

 

TELLO MOTHOBI                                                                                                     1ST APPELLANT

Malataliana v Director of Public Prosecutions (C of A (CRI) 04/20) [2020] LSCA 50 (30 October 2020);

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Criminal Procedure – Leave to appeal to the Court of Appeal – Appeal already noted – Application for release on bail pending determination of application for leave to appeal.

 

 

IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU                                     C OF A (CRI) NO.04/2020

In the matter between:

BOKANG MALATALIANA                                            APPLICANT

And

DIRECTOR OF PUBLIC PROSECUTIONS                RESPONDENT

 

CORAM:   K E MOSITO P

 

HEARD:           15 OCTOBER 2020

Fako V Director of Public Prosecutions (C of A (CRI) 03/20) [2020] LSCA 49 (30 October 2020);

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The right to a fair trial is central in any reputable criminal justice system and recognized in the Constitution of Lesotho. Bias on the part of a court, or a reasonable apprehension of bias, can be fatal for a fair trial. A judicial officer who presided in bail proceedings is not automatically disqualified from presiding in the subsequent criminal trial. However, real caution is called for, because the reasons for the granting or refusal of bail could result in a reasonable apprehension of bias. In this case the appellants failed to show cause for real bias or a reasonable apprehension thereof.

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU                                                                                                                                   

   C OF A (CRI) 03/20

 

In the matter between:

 

MOTSAMAI FAKO                                                                         1st APPELLANT

Rex v Lejone (CRI/T/0010/19) [2020] LSHC 47 (29 October 2020);

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Criminal law – Fraud – elements of - what constitutes misrepresentation.

 

Money laundering - whether proof of predicate offence required- incidence of burden of proof in money laundering - reverse onus - presumption of innocence- impact of – international approach – evidential burden-whether applicable under laws of Lesotho

 

Expert opinion evidence- what is- admissibility of - whether relevance necessarily qualifies admission of – approach by the court.

 

Right to remain silent – impact thereof in finding of fact – circumstantial evidence – whether inference of guilt permissible from silence.

IN THE HIGH COURT OF LESOTHO

 

 

HELD IN MASERU                                                     CRI/T/0010/19

 

 

In the matter between:

 

 

REX                                                                                       

 

vs

 

MOFEREFERE TEBELLO SENATLA LEJONE            ACCUSED                                 

 

JUDGMENT

 

 

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