Rex v Sekonyela (CRI/T/0006/2020) [2022] LSHC 22 (27 April 2022)
The Crown failed to prove the accused acted with the requisite intent (mens rea) for corruption; negligence was established but not criminal intent. The accused was not an examining officer under the relevant regulation. Application for discharge granted and accused acquitted.
- Citation
- [2022] LSHC 22
- Parties
- Prosecution: Rex; Accused: Borenahabokhethoe Sekonyela
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 27 April 2022
- Case Number
- CRI/T/0006/2020
- Procedural Posture
- Criminal / Ruling on Application for Discharge at Close of Crown's Case
- Outcome
- acquittal
- Legal Topics
- Mens Rea, Corruption, Public Finance Management, Statutory Interpretation, Official Misconduct
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Borenahabokhethoe Sekonyela
Accused
Procedural Posture
Criminal / Ruling on Application for Discharge at Close of Crown's Case
Legal Issues
- 1 Whether the accused acted with the requisite mens rea (intent) for the offences charged
- 2 Whether the accused, as Principal Secretary, could be liable under Regulation 24(5)(a) of the Treasury Regulations
- 3 Whether the Crown established a prima facie case of corruption or economic offence
Ratio Decidendi
The Crown failed to prove the accused acted with the requisite intent (mens rea) for corruption; negligence was established but not criminal intent. The accused was not an examining officer under the relevant regulation. Application for discharge granted and accused acquitted.
Court Disposition
acquittal
Orders
- Application for discharge granted
- Accused acquitted
Full Case Text
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