…as key suspect remains on the run for five years
Kabelo Masoabi
THE High Court sitting at Tšifa-li-Mali has withdrawn a murder case involving two Mokhotlong brothers after the principal suspect remained a fugitive for nearly five years.
The prosecution successfully applied for the withdrawal before Acting Justice Tšooana Lesaoana, citing the continued absence of the first accused, Motlalepula Piti, whose whereabouts have been unknown since 2021.
The court granted the application, effectively suspending the proceedings until the fugitive suspect is apprehended.
Motlalepula and his younger brother, Motlatsi Piti, were jointly charged with the murder of their brother-in-law, Lebohang Lehlanahlana of Ha Mokoena village in the Ha Moeketsane area of Mokhotlong.
According to the charge sheet, the brothers allegedly acted in common purpose in causing Mr Lehlanahlana’s death on 1 January 2021.
The prosecution told the court that while Motlatsi had attended all scheduled court appearances, Motlalepula last appeared before court on 7 June 2021 and has since evaded arrest despite repeated efforts by police to locate him. A warrant for his arrest was issued on 15 October 2021.
The prosecution further argued that separating the trial was not feasible because Motlalepula was regarded as the principal suspect and a central figure in the alleged offence. Proceeding against Motlatsi alone would therefore be impractical and potentially prejudicial to the administration of justice.
Deadly dispute over cattle
The court heard that the fatal incident allegedly stemmed from a dispute involving cattle.
Investigating officer Detective Police Constable (DPC) Letlatsa Letlala testified that on the night of the incident, Motlatsi allegedly became involved in an altercation with the deceased over an unresolved cattle dispute.
According to the officer, Motlatsi allegedly dragged Mr Lehlanahlana outside a public bar, where Motlalepula is accused of striking him on the head with a claw hammer. The blow allegedly fractured the victim’s skull and resulted in his death.
Providing an update on efforts to locate the fugitive, DPC Letlala said police had conducted extensive investigations without success.
He told the court that on 7 April 2026, he travelled to Ha Moeketsane, where he met Motlalepula’s father, wife and local chief, Chief Moeketsane Moeketsane, in an effort to gather information about the suspect’s whereabouts.
The officer said Motlalepula’s wife, ‘Maatisang Piti, informed investigators that she had last seen her husband on the day of the alleged killing in 2021. She reportedly had no photographs of him and could not provide any information that might assist police.
DPC Letlala further testified that she did not have her husband’s contact details and had no knowledge of where he might be living.
He suggested that obtaining and publicly circulating photographs of the suspect as part of a wanted persons campaign could assist police efforts to trace him.
The officer said police would continue pursuing the suspect until he is brought before court.
Meanwhile, Motlatsi told the court under oath that he had neither seen nor communicated with his brother since 2021.
Withdrawal not an acquittal
In granting the application, Justice Lesaoana stressed that the withdrawal should not be interpreted as an acquittal.
Addressing Motlatsi, the judge said the outcome was both fortunate and unfortunate. While the withdrawal meant his release from the current proceedings, the public would have preferred to see the matter fully adjudicated and justice served.
Justice Lesaoana warned that the case could be reinstated at any time should Motlalepula be arrested or new developments emerge.
She emphasised that the withdrawal merely suspends the proceedings and does not absolve any accused person of criminal responsibility.
Leribe man jailed for culpable homicide
IN a separate matter before the same court, Justice Lesaoana sentenced 28-year-old Pheelo Kalaila of Mphosong Ha Monate in Leribe to six months’ direct imprisonment after convicting him of culpable homicide.
Kalaila pleaded guilty to causing the death of 27-year-old Ntsane Mosuoane during an incident that occurred on 4 October 2020.
The court heard that Kalaila and the deceased had been involved in a violent altercation during which Mr Mosuoane was assaulted with a knife and a stick. The injuries later proved fatal.
Evidence before the court showed that both men had been under the influence of alcohol at the time.
Justice Lesaoana imposed a six-year prison sentence but suspended five years and six months, leaving Kalaila to serve six months behind bars, subject to compliance with the conditions attached to the suspended portion.
The court also ordered Kalaila to compensate the deceased’s family with eight head of cattle under the customary practice of “raising the head” of the deceased, a traditional form of restitution aimed at promoting reconciliation and acknowledging the family’s loss.
In mitigation, the court considered that Kalaila voluntarily surrendered himself to police and contributed a cow towards the deceased’s burial expenses.
Justice Lesaoana further directed that the deceased’s child should receive a substantial share of the compensation, noting that the arrangement was consistent with the provisions of the Children’s Protection and Welfare Act.
The court also noted that the deceased’s family had accepted reconciliation efforts made by Kalaila. Justice Lesaoana described the family’s willingness to forgive as a significant step towards healing and evidence of the accused’s genuine remorse.
