Rex V Rapele Mphaki & 9 Others (CRI/T/0008/2028) [2025] LSHC 1 (27 February 2025)

Rex V Rapele Mphaki & 9 Others (CRI/T/0008/2028) [2025] LSHC 1 (27 February 2025)

The court found that the Crown failed to prove beyond reasonable doubt that confessions and pointing outs by certain accused were made freely and voluntarily, particularly where access to legal representation was denied or promises of benefit were made. Where allegations of torture were not substantiated by objective evidence, and the accused were found to have been advised of their rights, confessions and pointing outs were admitted. Internal contradictions and lack of records by investigators undermined the Crown’s case regarding some pointing outs. Each accused’s circumstances were considered individually.

Citation
[2025] LSHC 1
Parties
Prosecution: Rex; Accused 1: Rapele Mphaki; Accused 2: Pitso Ramoepane; Accused 3: Lekhooa Moepi; Accused 4: Mahlehle Moeletsi; Accused 5: Mahlomola Makhoali; Accused 6: Nthathakane Motanyane; Accused 7: Motšoane Machai; Accused 8: Liphapang Sefako; Accused 9: Nemase Faso; Accused 10: Tieho Tikiso
Court
High Court
Jurisdiction
Lesotho
Judgment Date
27 February 2025 27 February 2025 4 February 2025
Case Number
CRI/T/0008/2028
Procedural Posture
Criminal / Ruling on Admissibility of Confessions and Pointing Outs (trial Within a Trial)
Outcome
Confessions and pointing outs admitted or rejected as per accused; see orders.
Legal Topics
Admissibility of Confessions, Admissibility of Pointing Outs, Right to Legal Representation, Torture and Undue Influence, Judges’ Rules
Source Language
English
Criminal Law Evidence Admissibility of Confessions Admissibility of Pointing Outs Right to Legal Representation Torture and Undue Influence Judges’ Rules

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Parties

Rex

Prosecution

Rapele Mphaki

Accused 1

Pitso Ramoepane

Accused 2

Lekhooa Moepi

Accused 3

Mahlehle Moeletsi

Accused 4

Mahlomola Makhoali

Accused 5

Nthathakane Motanyane

Accused 6

Motšoane Machai

Accused 7

Liphapang Sefako

Accused 8

Nemase Faso

Accused 9

Tieho Tikiso

Accused 10

Procedural Posture

Criminal / Ruling on Admissibility of Confessions and Pointing Outs (trial Within a Trial)

Legal Issues

  1. 1 Whether confessions and pointing outs by accused persons were made freely, voluntarily, and without undue influence
  2. 2 Whether accused were advised of their rights to remain silent and to legal representation
  3. 3 Whether allegations of torture and undue influence were substantiated

Ratio Decidendi

The court found that the Crown failed to prove beyond reasonable doubt that confessions and pointing outs by certain accused were made freely and voluntarily, particularly where access to legal representation was denied or promises of benefit were made. Where allegations of torture were not substantiated by objective evidence, and the accused were found to have been advised of their rights, confessions and pointing outs were admitted. Internal contradictions and lack of records by investigators undermined the Crown’s case regarding some pointing outs. Each accused’s circumstances were considered individually.

Court Disposition

Confessions and pointing outs admitted or rejected as per accused; see orders.

Orders

  • Accused 3 (Lekhooa Moepi): Confession and pointing out at Mohale Dam admitted.
  • Accused 4 (Mahlehle Moeletsi): Confession and pointing out at Mohale Dam rejected.