R v Ramaisa (CRI/T 16 of 92) [1996] LSHC 38 (8 March 1996)

R v Ramaisa (CRI/T 16 of 92) [1996] LSHC 38 (8 March 1996)

There is a reasonable possibility that the accused's version is true, particularly regarding the alleged police assault and the involuntariness of the pointing out. The Crown failed to prove its case beyond a reasonable doubt.

Citation
[1996] LSHC 38
Parties
Prosecution: Rex; Accused: Letlama Ramaisa
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 March 1996
Case Number
CRI/T 16 of 92
Procedural Posture
Criminal / Judgment
Outcome
Acquittal
Legal Topics
Rape, Murder, Evidence, Pointing Out, Confession, Reasonable Doubt
Source Language
English
Criminal Law Rape Murder Evidence Pointing Out Confession Reasonable Doubt

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Letlama Ramaisa

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused raped and murdered Malibuseng Liphetelo
  2. 2 Whether the accused's pointing out of the deceased's shoes was admissible evidence
  3. 3 Whether the accused's statements were made freely and voluntarily

Ratio Decidendi

There is a reasonable possibility that the accused's version is true, particularly regarding the alleged police assault and the involuntariness of the pointing out. The Crown failed to prove its case beyond a reasonable doubt.

Court Disposition

Acquittal

Orders

  • The accused is found not guilty on both counts.