Maseru, Mar. 04 — The High Court through Justice Ts’eliso Mokoko will on Thursday next week deliver judgment in a case in which Mots’elisi Maoeng and John Lefoka are charged with the murder of Liteboho Sekokotoana (8 years) which occured on April 07, 2025 at Ha Leqele.
The accused who were in a relationship and Maoeng was employed as a domestic worker at the Sekokotoana’s home are also charged with attempted murder in that they tried to kill the brother of the deceased Lereko Sekokotoana (15 years) on the same day.
They are further charged with theft in that they stole properties belonging to the Sekokotoana family.
The prosecution closed its case on Tuesday following evidence of a Forensic Pathologist, Dr. Lefatle Phakoana who testified that the cause of death of the deceased was suffocation which he called asphyxia due to smothering.
The accused exercised their right to remain silent by opting not to take the stand and closed their case.
When addressing the court in arguments, a prosecutor in this matter Advocate Thato Lepheana stated that the accuused have a duty to present their defence but they failed to put their defence to the state witnesses. She submitted that the prosecution provided sufficient evidence to prove its case beyond reasonable doubt.
“The accused intentionally and negligently got intoxicated then committed the offences they are charged with. They therefore cannot raise the defence of intoxication,” she argued.
She said they were fully aware and appreciative of what they were doing, adding that they should not be excused from punishment on the basis of intoxication. She emphasised that voluntary intoxication should not be considered as a defence.
Adv. Pelele Ntori, one of the defence lawyers representing Maoeng stated that the accused should be found guilty of culpable homicide, assault and theft not murder, attempted murder and theft as charged.
He argued that the onus to prove the case lies with the prosecution adding that the accused are not obliged to give an explanation. He indicated that the judgment of the accused was impaired by intoxication. He added that they did not have direct intention to kill the deceased.
Adv. Ntori however acknowledged that the accused were acting in common purpose. He thus said he would admit dolus eventualis.
Adv. Nketsi Makhera, who is representing Lefoka, submitted that the accused did not plan to kill the deceased. He pointed out that their only intention was to steal therefore they should be found guilty on dolus eventualis.
He emphasised that the accused have the right to keep silent, adding that silence does not mean admission of guilt.
Prior to the evidence of the Pathologist the court had admitted several statements as part of the evidence and among them were those of the deceased’s parents Lillo Sekokotoana and Malithakong Molupe.
Other witnesses who testified were a neighbour Mr. Mothibenyane Letsosa and the brother of the deceased Lereko Sekokotoana who was 15 years old when the incidents occurred.
Ends/SM/tl
