…as accused decline to testify in their defence
Moorosi Tsiane
THE trial of two soldiers accused of the 2017 triple murder of civilians is nearing completion in the High Court after both men elected to close their defence without taking the stand.
Sergeant (Sgt) Lekhooa Moepi and Private (Pvt) Tieho Tikiso on Tuesday surprised the court when their lawyer announced they would neither testify nor call witnesses, setting the stage for closing arguments.
The development paves the way for final submissions by both the defence and the Crown, scheduled for 2 June 2026.
“My Lord, my instructions are that accused 1 (Moepi) will lead no witnesses in his defence. In respect of accused 2 (Tikiso), my instructions are that he will also lead no witnesses.
“Therefore, both accused close their case and, in such circumstances, I will ask the court to grant me time to prepare my closing submissions,” said defence counsel, Mr Letsika.
Mr Letsika indicated that his closing arguments would focus on key aspects of the Crown’s case—particularly allegations of kidnapping against Moepi and the issue of “pointing out” in relation to Tikiso.
“My Lord, just to inform the Crown, my focus in respect of Moepi will be on the kidnapping, and on Tikiso will be on the pointing out, as the court had much to say in its discharge judgment regarding those incidents. I therefore request sufficient time to research and prepare submissions that will assist the court in reaching a decision,” he said.
Advocate (Adv) Motene Rafoneke, appearing for the Crown, did not oppose the request. Both parties agreed to proceed with closing submissions on 2 June 2026.
Justice Mokhesi granted the postponement and directed counsel to file their submissions in advance.
“Counsel, ensure that at least three days before 2 June I have all your submissions. The matter is therefore postponed to 2 June 2026,” said Justice Mokhesi.
The two stand accused of murdering three civilians — Lekhoele Noko, Khothatso Makibinyane, and Molise Pakela — on 16 May 2017 before allegedly dumping their bodies in the Mohale Dam. They were initially charged alongside former Military Intelligence boss Brigadier Rapele Mphaki, Major Pitso Ramoepane, Captain Mahlehle Moeletsi, Warrant Officer Liphapang Sefako, Lance Corporal Mahlomola Makhoali, Private Nthatakane Motanyane, Motšoane Machai and Nemase Faso for the murders of Lekhoele Noko, Khothatso Makibinyane and Molise Pakela.
However, these eight were acquitted last August after the court found no evidence linking them to the killings.
In that acquittal ruling, Justice Mokhesi underscored the evidentiary burden resting on the Crown, particularly regarding Moepi’s alleged confession.
“Now that it is evident, as can be gathered from Lekhooa Moepi’s confession, that Lekhoele Noko was kidnapped and taken to Setibing where he was killed together with the two other men, whose bodies were later retrieved from Mohale Dam, that is prima facie (straight forward) evidence which the Crown needed to establish against Moepi at this stage,” the judge said.
“To determine whether the Crown established a prima facie case, the court considers the entirety of the evidence presented. Moepi confessed to having kidnapped and taken Lekhoele Noko to Setibing, where he was killed.
“Whether he killed him is a different matter. It is common cause that Lekhoele was later retrieved from Mohale Dam together with the two other men who disappeared with him. This calls for an answer from Moepi.”
Turning to Tikiso, Justice Mokhesi said the Crown still faced challenges in proving direct involvement despite the “pointing out” evidence.
“Now that I have rejected counsel’s argument that I should overrule myself and exclude the pointing out, the question is whether this evidence constitutes prima facie proof of the three murder counts. Unlike confessions, pointing out alone is not sufficient to secure a conviction. The Crown must still prove that he committed the crime,” he said.
Justice Mokhesi acknowledged that while there was no direct evidence linking Tikiso to the murders, the circumstantial evidence raised important questions.
“The fact that he pointed to a spot where the bodies of the three men were thrown into Mohale Dam justifies an inference that he had knowledge of the killings and disposal of the bodies.
“The bodies were in fact recovered near the area he indicated. However, such knowledge does not necessarily equate to involvement in the murders. It could have arisen from personal involvement or from information provided by others,” the judge said.
He emphasised that the Crown was still expected to establish a definitive link between Tikiso and the crimes.
“Although we are not yet concerned with guilt, it should be noted that whether the pointing out evidence—though strong—can prove guilt beyond reasonable doubt will depend on the specific circumstances of the case.
“At this stage, these possibilities are sufficient for the Crown to establish a prima facie case,” ruled Justice Mokhesi.
The matter continues on 2 June 2026 for closing submissions.
