…after three years in custody
Kabelo Masoabi
A KwaZulu-Natal man, Sandile Dlamini, has been acquitted after the High Court found him not guilty of murdering 30-year-old Hopolang Ratšoana of Semphethenyane, Maseru.
The incident allegedly occurred outside Blue Ocean Club in Botha-Bothe during the early hours of 15 February 2023.
Mr Dlamini had been on trial before Justice Itumeleng Shale in the High Court sitting in Leribe, facing a murder charge stemming from the fatal stabbing.
According to his lawyer, Advocate Qothelo, Mr Dlamini spent three years in custody after being denied bail on the grounds that he was considered a flight risk.
Delivering judgment this week, Justice Shale ruled that the prosecution had failed to prove Mr Dlamini’s guilt beyond a reasonable doubt.
The court found that the State’s case relied heavily on the testimony of a single key witness whose credibility was significantly weakened by her intoxication at the time of the incident.
Evidence before the court showed that the witness had been drinking from around 7pm on the evening before the incident until about 4am the following morning, casting doubt on her ability to accurately observe and recall events.
The court further noted that the witness did not clearly see the weapon allegedly used in the attack and was unable to identify any knife or object linking Mr Dlamini to the crime.
Justice Shale also highlighted that although the incident occurred outside a nightclub crowded with patrons, only three witnesses were called to testify, leaving significant gaps in the state’s case.
The judge criticised aspects of the police investigation, noting that portions of the police report appeared to rely on hearsay rather than direct and admissible evidence. While the evidence may have raised suspicion, the court held that it fell short of the standard required for a criminal conviction.
“It is not clear on the evidence that it was the accused who committed the offence. Suspicion, no matter how strong, is not sufficient to sustain a conviction for murder,” Justice Shale ruled.
Mr Dlamini was subsequently acquitted.
During the trial, the Crown called Mr Ratšoana’s girlfriend, Fermida Tarr, who testified that she saw the accused speaking to Mr Ratšoana inside the club shortly before the attack.
She told the court that the two men conversed in isiZulu, a language she did not understand, and claimed that she later heard the Mr Dlamini utter a phrase she associated with prison gang terminology. According to her testimony, Mr Ratšoana appeared disturbed following the exchange.
Ms Tarr further testified that she later witnessed Mr Dlamini attacking Mr Ratšoana outside the club with a sharp object, stabbing him in the nose and chest. She said she screamed for help as the Mr Ratšoana collapsed before later succumbing to his injuries in hospital.
The defence denied the allegations.
Mr Dlamini testified that he had travelled to Lesotho for work and did not know Mr Ratšoana. He claimed that he was attacked and robbed by unknown men and denied stabbing Mr Ratšoana, insisting that he only struck him once while attempting to escape.
He also alleged that police assaulted him following his arrest in an attempt to force a confession, claims that were denied by the investigating officer.
According to the post-mortem report, Mr Ratšoana sustained a deep stab wound to the chest above the left nipple, as well as a facial laceration extending from the nose to the cheek.
Following the close of the state’s case, the defence indicated its intention to apply for the discharge of Mr Dlamini. The matter has now concluded with his acquittal.
