Rex V Sebilo & 6 Others (CRI/T/0205/2017) [2023] LSHC 254 (19 October 2023)

Rex V Sebilo & 6 Others (CRI/T/0205/2017) [2023] LSHC 254 (19 October 2023)

There is no credible or prima facie evidence that the accused persons committed the act that caused the death of the deceased; the Crown's evidence is contradictory and insufficient to sustain a conviction. The accused are entitled to discharge and acquittal under section 175(3) of the Criminal Procedure and Evidence Act.

Citation
[2023] LSHC 254
Parties
Prosecution: Rex; Accused: Sebilo Sebilo; Accused: Nkoto Teko; Accused: Molikeng Moruri; Accused: Tello Makhatha; Accused: Ntsau Mosothoane; Accused: Sehlomathiso Makhasane; Accused: Mosoeu Busa
Court
High Court
Jurisdiction
Lesotho
Judgment Date
19 October 2023
Case Number
CRI/T/0205/2017
Procedural Posture
Criminal / Application for Discharge at Close of Prosecution's Case
Outcome
accused discharged and acquitted
Legal Topics
Murder, Application for Discharge, Prima Facie Case, Contradictory Evidence, Actus Reus
Source Language
English
Criminal Law Evidence Murder Application for Discharge Prima Facie Case Contradictory Evidence Actus Reus

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Parties

Rex

Prosecution

Sebilo Sebilo

Accused

Nkoto Teko

Accused

Molikeng Moruri

Accused

Tello Makhatha

Accused

Ntsau Mosothoane

Accused

Sehlomathiso Makhasane

Accused

Mosoeu Busa

Accused

Procedural Posture

Criminal / Application for Discharge at Close of Prosecution's Case

Legal Issues

  1. 1 Whether there is prima facie evidence on which a reasonable court might convict the accused of murder or any other competent charge
  2. 2 Whether contradictory and poor quality evidence of the Crown can sustain a conviction

Ratio Decidendi

There is no credible or prima facie evidence that the accused persons committed the act that caused the death of the deceased; the Crown's evidence is contradictory and insufficient to sustain a conviction. The accused are entitled to discharge and acquittal under section 175(3) of the Criminal Procedure and Evidence Act.

Court Disposition

accused discharged and acquitted

Orders

  • All accused persons are discharged at the close of the Crown's case and are accordingly acquitted.