Justice ‘Maliepollo Makhetha, High Court Judge
MASERU- A Mosotho man in his early 40s, Limpho Lethunya from Sea-Point Maseru was found guilty of murder by the High Court through Justice ‘Maliepollo Makhetha. Lethunya had pleaded not guilty of killing his girlfriend, ‘Mathabo Lelimo and his lawyer Advocate Tšooana Mosokotso confirmed that it was through her instructions that the accused pleads not guilty.
The first witness being the son to the deceased who was a 7 years old minor at the time of the incident, testified in camera. He indicated that the accused arrived at Sea Point late while watching television with his mother (the deceased) and they sat together until the accused ordered him to go and sleep. The minor said in the morning he searched for his mother in bed but did not find her then he went to the lounge and found her laying in an uncomfortable position on the couch.
He said he tried to wake her up but didn’t and he went out to play with other kids. The second state witness being the sister to the deceased, ‘Maselebalo Lelimo said they had a church appointment with her sister and when she arrived at Sea-Point to fetch her sister to church, she met with the sister’s son. She said the minor told her that his mother was in the house dead.
Lelimo said she rushed to the house and found her sister lying on the couch facing up with her jacket and jeans on without socks. She showed that she shook her but did not wakeup. Lelimo said her sister’s forehead was swollen and bruised and there was also a white substance that came out of her nose which is suspected to be brain from cracked skull. She indicated that there was blood underneath the deceased, trail of blood on the pink wall which showed that the deceased was banged anddragged on the wall and blood spots on the curtains and the carpet under the couch was tempered with.
Lelimo said she alerted the neighbors and police arrived and took the deceased. The third witness, Katiso Lebabo said he received a WhatsApp call from the accused who told him that he had a fight with the deceased and he had killed. He said the accused said they argued over a text message from one Peter who had had an affair with the deceased. Lebabo said the accused then told him that he was on his way to Bloemfontein. The sister in law to the accused indicated that the accused turn to be uncontrollable and loose when he is drunk.
The accused took a stand and told the court that upon his arrival the minor was already asleep and he was provoked by the text message on the deceased’s phone from Peter. He showed that he had no intentions of killing the deceased because he loved her and they had harmonious relationship. The accused indicated that even on the fateful night before the incident the deceased prepared food for him when he was from a political meeting. The court through Justice Makhetha said the accused is untrustworthy and his evidence is not truthful. The court said the accused was not provoked and was not drunk to not see what he was doing was wrong therefore his evidence is not reliable.
“Against the above background and considering all the surrounding factors, I am satisfied that the crown has proved beyond reasonable doubt that the deceased was unlawfully and intentionally assaulted to death by the accused. In the results therefore this court finds the accused guilty of murder as charged and my assessors agree’” said Justice Makhetha.
