Six men from Sehlabeng sa Thuathe have been jailed for 10 years each after the High Court found they fatally assaulted a man they suspected of being a thief, then left him injured and bound outside in the cold without seeking medical help.
The High Court has sentenced six men from Sehlabeng sa Thuathe in Berea to 10 years’ imprisonment for the fatal assault of a man they suspected of being a thief.
The convicted men are Thabang Mohale, Moeketsi Mphafi, Thabang Ntsoele, Thabiso Kompi, Lebohang Thejane and Motaba Hlohlongoane. They were accused of killing Phakiso Likofi Lebina on October 27, 2021, after finding him at Mohale’s home during the early hours of the morning.
What the evidence showed
Evidence presented before the court showed that the deceased was discovered at the house at around 3:00 a.m. The six men assaulted him with sticks and sjamboks, claiming they were trying to restrain him because he was attempting to flee and resisting arrest.
The accused later contacted the police and reported that they had apprehended a suspected intruder. However, they did not inform officers that the man had already been assaulted and seriously injured.
Medical evidence revealed that Lebina suffered a fractured skull, broken fingers and severe bruises across his body. The head injury caused bleeding on the brain, which ultimately led to his death.
Arguments before the court
During the trial, defence lawyer Advocate Rasekoai Thoahlane argued that the accused did not intend to kill the deceased. He maintained that the assault was not prolonged and that the injuries became severe because several people participated in the attack. He further argued that the deceased remained alive for some time after the assault ended and that the prosecution had failed to prove beyond reasonable doubt that the accused intended to cause his death.
The prosecution rejected that argument. Advocate Nthabiseng Nkoe told the court that the men showed no concern for the victim’s wellbeing despite seeing that he was seriously injured. She said they left him lying outside in the cold with his hands tied and failed to seek medical assistance.
“They saw his condition and did nothing to help him.”
Adv. Nkoe further submitted that all six accused actively associated themselves with the assault and therefore acted with a common purpose. She said they should have restrained the deceased and handed him over to authorities rather than repeatedly attacking him.
Limits of a citizen’s arrest
A key state witness, Senior Inspector Masoli Khoanyane of the Lesotho Mounted Police Service, testified that community members have the legal right to carry out a citizen’s arrest if they suspect someone has committed a crime. However, he stressed that such arrests must be carried out lawfully and without unnecessary violence.
He told the court that suspects should be handed over to the police and that injured persons must receive immediate medical attention. According to the officer, it would be unusual for police to instruct members of the public to keep an injured suspect at the scene instead of taking them for treatment.
Khoanyane said that when he arrived at the scene after seeing a message in a community WhatsApp group, he found the deceased lying on the ground, unable to speak properly, with sticks next to him. He advised that the injured man should be taken to hospital.
Sentence and mitigating factors
In passing sentence, the court took into account the seriousness of the offence and the loss of life that resulted from the assault. However, it also considered mitigating factors in favour of the accused.
The six men expressed remorse for their actions and acknowledged their role in the events that led to Lebina’s death. The court also heard that they made a contribution of M7,000 to the deceased’s family, a gesture regarded as an attempt to make amends and show sympathy to the bereaved family.
Despite these factors, the court found that the assault was unlawful and that the accused failed to protect the life of the deceased after inflicting serious injuries on him.
Justice Tšeliso Mokoko subsequently sentenced each of the six men to 10 years in prison, bringing to a close a case that has drawn attention to the dangers of mob justice and the limits of citizen’s arrests.
The judgment serves as a reminder that while members of the public may assist in preventing crime and apprehending suspects, they are not permitted to take the law into their own hands. Suspects must be handed over to the authorities and treated in accordance with the law, regardless of the allegations against them.
