Kabelo Masoabi
PROCEEDINGS in the High Court’s Northern Division took a dramatic turn this week as defence counsel launched a sharp attack on the conduct of Magistrate Puseletso McPherson over her handling of a confession in a murder trial.
The exchanges unfolded during a trial within a trial, convened to determine the admissibility of a confession allegedly made by 38-year-old Puseletso Sebotsa of Tsikoane in Leribe.
Sebotsa is charged alongside Matseko Mabote, also of Tsikoane, and Tšepo Forere, a member of the Lesotho Mounted Police Service stationed in Hlotse, in connection with the 18 August 2018 killing of her husband, Kabelo Mosesanyane, at Lisemeng, Leribe. A fourth accused, Rethabile Liholo, is now deceased.
The matter is before Justice Itumeleng Shale.
Magistrate stands ground
Testifying under oath, Magistrate McPherson told the court that on 10 September 2018, Sebotsa presented herself at her office expressing a wish to make a confession. She said she strictly adhered to established judicial procedures governing confessions.
Magistrates record confessions of suspects in criminal cases, and these confessions form part of the Crown’s evidence when trials get underway. However, magistrates often take the witness stand when such confessions are disowned or challenged by the suspects, who often claim they were obtained under duress.
Magistrate McPherson testified that she informed Sebotsa that making a confession was entirely voluntary and not obligatory, and that any statement she made could later be used against her in court.
She said she satisfied herself that the accused was not under duress, had not been assaulted, and had not been promised any inducement or benefit in exchange for the confession.
“I explained all her rights to her, including that she was free not to proceed,” Magistrate McPherson said.
“She indicated that she understood (all what had been explained to her) and that she wished the truth to be known.”
The magistrate added that she had examined the accused for visible signs of injury. She hadn’t observed any bruising, swelling or other visible injuries. She said Sebotsa walked normally, spoke freely and did not appear distressed.
Torture and coercion
However, defence counsel, Advocate Sefomeleng Mahlehle, mounted a vigorous challenge to the magistrate’s account, alleging that the confession was extracted through torture and intimidation by police.
“I put it to you that you failed to execute your duty as expected because you filled in a confession form for a person who was forced to confess, which is contrary to judicial regulations,” Adv Mahlehle submitted.
The defence argued that Sebotsa bore clear signs of assault at the time she appeared before the magistrate. Adv Mahlehle claimed the accused had a large scar on her back and swollen hands allegedly caused by being tied up — injuries he said should have alerted the magistrate to possible abuse.
According to the defence version, Sebotsa was stripped naked in a police cell, tied up and assaulted by several police officers. Adv Mahlehle further alleged that police lectured her on what to say in her confession and threatened to return her to the cell if she failed to comply.
He argued that the magistrate ought to have probed more deeply into the possibility of coercion instead of relying solely on visible observations.
Allegations rejected
In response, Magistrate McPherson firmly denied any negligence or misconduct. She told the court she could not have overlooked swollen hands, as the accused was required to sign the confession form.
“As for the scar on her back, it is not my duty to undress individuals before taking a confession. I inspected areas that were visible and found no injuries.”
Magistrate McPherson further stated that if Sebotsa had been assaulted or threatened, she would have disclosed that information at the time.
“I was the first independent person she encountered in that process. If she had truly been assaulted or frightened, she would have told me,” she said, adding that the alleged scar could have resulted from an unrelated incident years later.
“Eight years is a long time. The accused is lying to distance herself from the crime,” Magistrate McPherson added.
Alleged murder plot
In the main trial, the prosecution alleges that Sebotsa orchestrated her husband’s killing after learning of his alleged extramarital affairs.
According to the charge sheet, Liholo was allegedly hired to carry out the killing. The state contends that Mabote lured Mosesanyane to a secluded area near Lisemeng, Hlotse, where Liholo repeatedly struck him with a screwdriver, causing fatal injuries.
Prosecutors further allege that prior to the killing, Mabote poured brake fluid into the deceased’s beer while they were drinking together, in an attempt to intoxicate him and make it easier for the hired assailant to carry out the attack.
The court is currently determining whether Sebotsa’s confession was made freely and voluntarily. The outcome of the trial within a trial will determine whether the statement will be admitted as evidence in the main murder proceedings.
Prosecution witness Police Constable Mokhethi Mokhethi testified that on the day of the killing, police received a report that a man’s body had been discovered by the roadside near Lisemeng. Upon arrival, officers found a corpse later identified by residents as Mosesanyane.
Preliminary investigations led police to Liholo, who was arrested a month later on 7 September 2018. Police said Liholo voluntarily confessed and led officers to his home in Ha Leshoele, where he produced the alleged murder weapon — a yellow screwdriver wrapped in a rag.
He further revealed, according to police, that Sebotsa had promised him M10,000 as payment for the murder.
The second Crown witness, Police Constable Ntabanyane of the Criminal Investigation Division, testified that he arrested Sebotsa when she visited the Hlotse Police Station to inquire about progress in her husband’s murder investigation.
“As we conversed, I became suspicious and began interrogating her. After about 30 minutes, she admitted to orchestrating her husband’s death, claiming he had been making advances towards her friends.
“She confessed to hiring a hitman, the now deceased Liholo, to carry out the killing,” PC Ntabanyane told the court.
The case continues.
