Hopolang Mokhopi
THE trial of a security guard accused of murdering a tenant at the premises he guarded in 2013 has commenced in the High Court.
Tsepo Kuleile this week appeared before the High Court facing charges of murdering Masepaedah Peshoane, who was allegedly shot dead on 13 February 2023.
Kuleile appeared before Justice Mafelileng Ralebese. Advocate Lehlohonolo Phooko represents the Crown, while Advocate Napo Mafaesa leads the defence.
According to the indictment, Kuleile is alleged to have unlawfully caused the death of Ms Peshoane at or near Qoaling in Maseru.
Opening the Crown’s case, Adv Phooko told the court the prosecution would rely primarily on circumstantial evidence, drawn from multiple witnesses to establish events leading up to the fatal shooting.
He said evidence would show that there had been ongoing conflict between the accused and the Ms Peshoane prior to the incident all tenants should be in the yard by 8pm.
However, an exception had been made for the Ms Peshoane due to her work commitments at a betting company in Maseru, allowing her to return later than the stipulated time.
This arrangement reportedly caused friction between the two, as the Ms Peshoane was required to notify Kuleile before arriving. The court heard that Kuleile later failed to honour this arrangement, at times denying her access to the premises.
The situation escalated to the point where police intervention was sought. A second arrangement was proposed, allowing the Ms Peshoane to use a smaller gate left partially unlocked to avoid further confrontation.
However, Kuleile allegedly did not comply with this agreement either.
Adv Phooko told the court that the Ms Peshoane was shot from behind at close range. He said witness testimony would include admissions allegedly made by the accused at the scene, where he is said to have indicated he shot the Ms Peshoane after she “stepped in his way”.
Ballistic evidence and a post-mortem report are expected to show that the firearm used, along with pellets recovered, caused the fatal injuries. The weapon was reportedly handed over to police by the accused.
The Crown argues that the killing was premeditated, citing a history of confrontations between the two.
In response, Adv Mafaesa told the court that the incident occurred within a security-sensitive environment, where Kuleile was enforcing workplace rules.
He argued that the Ms Peshoane had failed to comply with security measures and had previously insulted the accused, including on the day of the incident, which may have provoked his actions.
The defence indicated it would rely on provisions of the Penal Code relating to provocation and intends to call witnesses, including colleagues who were present at the time.
Testifying in court, Moketa Thamae said he was aware of the ongoing dispute between the two over access to the premises and had attempted to mediate.
He confirmed that both parties had initially agreed to communicate by phone, and later to use a smaller gate as a compromise.
Mr Thamae told the court he was later called to the scene following another dispute.
“When I arrived, the Ms Peshoane was lying face down,” he said.
He added that when he asked what had happened, Kuleile responded, “u ntse bona le uena” (loosely translated as “you can see for yourself”).
The trial continues.
