R v Sepiriti and Others (CRI/T 78 of 89) [1990] LSCA 140 (22 August 1990)

CRI/T/78/8S IN THE HIGH COURT OF LESOTHO In t he m a t t er between:- R E X and MATSHOHLO SEPIRITI Polao Raseboku SHAKHANE SEPIRITI MORELE LEQELA 1st Accused 2nd Accused 3rd Accused 4th Accused J U D G M E N T Delivered by the Honourable M r. Justice J. L. Kheola on the 22nd day of A u g u s t, 1990 In count 1 the accused w e re charged with the m u r d er of Khafa Motlatsi Lesole on the 1st day of A p r i l, 1989 at Tiping in the district of Thaba-Tseka. In count 2 the accused w e re charged with assault with intent to do grievous bodily harm, it being alleged that on the 1st day of A p r i l, 1989 at Tiping in t he d i s t r i ct of Thaba-Tseka they assaulted Lepolesa Matala and Kali Khabo by hitting them with sticks and whips all over the bodies with t he intention of causing them grievous bodily harm. - 2 - To these charges the accused tendered pleas of guilty to culpable homicide and to common assault respectively. The Crown accepted t he pleas in both counts and the counsel for the Crown stated the facts as f o l l o w s: Some time before t he 1st day of A p r i l, 1989 the accused lost their bells which are normally fastened to c a t t l e. On the 1st A p r i l, 1989 they looked f or their bells and visited various cattle posts but they did not find them. The bells were eventually found at some place near t he cattle posts of the deceased and the complainants in count 2. It is also alleged that when the accused persons arrived at the cattle post of t he deceased and t he complainants dogs w e re set upon them so that the accused could not easily search the area. The accused managed to beat off t he dogs and found the stolen bells hidden u n d er bundles of firewood. The accused then arrested the deceased and the complainants and escorted them to the chief's p l a c e. On the way t he accused beat hell out of the deceased and t he c o m p l a i n a n t s. The deceased was so severely beaten up that he became tired and was unable to w a l k; they put him on horseback but he fell several times because he w as obviously no longer in a condition to ride a horse on his o w n. He died before they reached t he chief's place. According to the post-mortem report the deceased died as a result of respiratory failure due to left pnemothorax. The left lung was completely collapsed. As far as the external injuries were concerned he had a deep wound on the occipital part of the scalp, multiple whip injuries on the body, face, legs and arms, fracture of the 4th and 5th ribs left side. - According to the medical report Lepolesa Matala had t he following injuries: contusion on the right hand and on the right thigh; whip marks on t he chest and rope marks and wounds on the a r m s. He also had brain commotion. The doctor formed t he opinion that t he degree of f o r ce applied in inflicting t he above injuries was savage; however, there w e re no permanent disabilities. Regarding t he injuries of Kali Khabo the medical report indicates that he had whip marks all o v er the body, f a c e, arms and legs. Savage force had been used to inflict the injuries. There was no permanent disability. The facts were admitted by the defence counsel on behalf of the accused. In passing sentence my attention was drawn to the fact that the accused were very angry because they had lost not only t he eight bells in question but also two sheep and a g o a t. Dogs w e re set upon them by the deceased and his c o m p a n i o n s. One of their horses was found dead near t he cattle post of the deceased. The second accused was only seventeen years old at the relevant time. /4 - - SENTENCE : Count I:- A 1, A3 and A 4: Four (4) y e a r s' imprisonment each. A 2: Four (4) cuts with a light cane to be administered in private by a prison officer. Count 2 :- M 1 2 0 - 00 or four (4) m o n t h s' imprison- ment suspended for three years on condition that during the period of suspension they shall not be convicted of assault. J. L. KHEOLA JUDGE 15th October, 1990. For Crown For Defence - - Miss Moruthoane M r. M a q u t u.