MASERU-The prosecution through Advocate Motene Rafoneke has on Wednesday told the Court of Appeal that culpable homicide is a fit conviction for businessman Tšeliso Nthane who was in 2022 cleared of murder by the High Court.
Nthane was accused of killing his employee Kopang Mohapi at ‘Moteng in January 2019. Evidence was that the accused had a disagreement with the deceased who was involved in an accident while transporting some machinery. It was stated that the accused fired a gunshot in the air to scare away people whom he thought were attacking him.
It was stated that a rebounding bullet which was found deformed in the body of the deceased caused his death. Advocate Hlafefang Motinyane as the DPP wants the Court of Appeal to declare that her main witness who withdrew his initial statement during the High Court was anaggressive witness and should be cross-examined in a new trial.
DPP in the court papers stated she wants a new trial in which the crown would be allowed to cross-examine a crown witness who dissociated himself from the statements he previously made at the police. She stated that the witness who is one of accused‘s employees made the statement instantly after the incident happened but the judge who was in charge of the case, Justice Palesa Rantara incorrectly ruled that the prosecutor, Advocate Rafoneke was cross–examining his own witness when he referred him to the statement he made to the police after the occurrence.
“It is respected that a party is not entitled to cross-examine its own witness unless approved leave of the court to do so where an application to announce such witness hostile is made,” she said. She maintained that the witness was stubbornly unwilling to support crown when he testified. Advocate Motiea Teele KC on behalf of the accused argued that the record of the High Court proceedings is no complete. He said, “What is worrying is that not only the reading of the charge is not transcribed but the copy is not included in the record too.”
Advocate Teele KC upheld that his client was not found guilty of murder or culpable homicide and that the crown stands the responsibility to prove such. He specified that the crown did not bring any confirmation of the crime scene to locate the position of Mohapi and Nthane when the bullet was fired. Advocate Teele KC also dismissed the charge of culpable homicide stating that crown failed to present enough evidence to support such charges.
The judgement on this case is reserved to be delivered on 1st November 2024.
