Justice ‘Mabatšoeneng Hlaele found Tšepo Tabola and Motsie Mochesane guilty after the prosecution presented consistent, mutually corroborative evidence that placed both men at the scene of the killing.
The High Court has convicted two men from Tloutle in Roma for the 2020 murder of Molojoa Mabokoane. Justice ‘Mabatšoeneng Hlaele this week found Tšepo Tabola and Motsie Mochesane guilty of murder in connection with the killing that occurred on 24 February 2020.
The court heard that Mabokoane was attacked after two men wearing balaclavas approached a group of people working in the fields removing weeds. The men pretended to be looking for work before events took a violent turn.
Witnesses testified that the suspects were later identified after Tabola briefly removed his face covering, while Mochesane was already known to some of those present at the scene.
Court proceedings further revealed that Mochesane had accused the deceased of shooting him during a previous altercation. That accusation is believed to have been the motive behind the fatal attack.
Evidence before the court showed that the accused later left the fields with Mabokoane, telling those present that they wished to speak with him privately. The two men then returned without the deceased.
Mabokoane was subsequently discovered in the Ramashamole Valley at Ha Matobo with severe injuries. He was unable to speak when found due to the seriousness of his condition. Police transported him to hospital, where he was pronounced dead on arrival.
“The totality of the evidence corroborates each other.” Justice ‘Mabatšoeneng Hlaele · High Court of Lesotho
Investigators told the court that the two accused surrendered themselves to the Roma Police the following day and handed over the weapons used in the attack, namely a knife and an axe.
A post-mortem report concluded that Mabokoane died from a skull fracture and severe brain injuries sustained during the assault.
In delivering judgment, Justice Hlaele said the prosecution’s evidence was consistent and mutually corroborative. The court found that the accused had been positively identified by witnesses and that there was no doubt both were present during the commission of the offence.
The judge rejected arguments seeking to minimise Tabola’s role. Although the court acknowledged that Mochesane appeared to have had a stronger motive, it found that both men acted together with a common purpose.
The court found that the nature of the injuries inflicted and the time the accused spent with the deceased made it impossible to accept that Mochesane acted alone while Tabola merely stood by.
“What can be said is that his participation was minimal because he did not have a motive as opposed to his co-accused,” the court stated. The judge nonetheless emphasised that a lack of personal motive did not absolve Tabola of criminal responsibility, as he remained actively involved during the fatal incident.
The court concluded that prosecutors had successfully established the guilt of both men beyond reasonable doubt. Both Tabola and Mochesane were found guilty as charged.
The duo is expected to appear before Justice Hlaele for sentencing next Wednesday. Tabola and Mochesane are represented by Advocate Christopher Lephuthing, while the Crown is represented by Advocate ‘Masenate Sekoala.
“`
