…pleads for culpable homicide conviction
Moorosi Tsiane
IN a sudden twist of events, murder accused Qamo Matela has admitted to assaulting his wife, ‘Mahlompho Matela (née Rethabile Mofolo), a few days before her death on 10 September 2021 at Pelonomi Hospital in Bloemfontein.
Matela, who had all the time maintained his wife had died of natural causes, will learn his fate on 29 November 2024 when trial judge, Tšeliso Mokoko, delivers his judgment.
Matela is on trial for the murder of his wife, whom he allegedly assaulted on the night of 3 September 2021. She passed away a few days later in hospital. The trial began in 2022.
Crown counsel Advocate Pelea Joala, in his submissions, informed the court that enough evidence had been presented to convict Matela of murder.
He cited testimony from key witnesses, including Lekhooa Monaleli (Matela’s friend), Rorisang Mofolo (‘Mahlompho’s sister), Inspector Moeketsi Moeketsi (the investigating officer), Pathologist Dr Lefatle Phakoana, Dr Cephas Hoedoafia (who first examined her at Willies Hospital), and Maseru Private Hospital nurse Tselane Motsie, who admitted ‘Mahlompho.
Adv Joala explained that Matela had made informal admissions of assaulting his wife to Mr Monaleli, Inspector Moeketsi, and Dr Hoedoafia. Additionally, ‘Mahlompho had informed her sister Rorisang, Dr Hoedoafia, and Nurse Motsie that she had been assaulted by her husband.
“My Lord, the deceased had a head contusion, the white area of her eye was covered with blood, and there was blood under her skull. She also had bruises on her neck, and Dr Phakoana found multiple bruises on her body during the postmortem,” submitted Adv Joala.
He further argued that there was corroboration among the witnesses’ testimonies, which he said was enough to convict Matela of murder.
“There is corroboration in terms of the informal admissions. Matela admitted to Monaleli, Dr Hoedoafia, and Inspector Moeketsi that he assaulted his wife. After the assault, the deceased began experiencing symptoms such as fainting, which were caused by internal bleeding.”
Rorisang Mofolo had testified that during a video call with her sister, she saw visible injuries on Mahlompho, who told her she had been assaulted by Matela.
“My Lord, these injuries were seen by three witnesses; her sister, Dr Hoedoafia, and Monaleli, while the deceased was still alive. They were also observed by two witnesses – Inspector Moeketsi and Dr Phakoana – after she died.”
Adv Joala also pointed to scratches on the deceased’s neck, which indicated strangulation. He argued that when someone strangles another, they are aware of the possibility of causing death, and thus the Crown had proven beyond a reasonable doubt that Matela intended to kill his wife.
“The Crown has proven its case beyond a reasonable doubt that the accused killed his wife,” Adv Joala said.
However, defence lawyer Adv Lepeli Molapo countered, stating that the defence failed to prove that Matela intended to kill his wife. He argued that this was a case of domestic violence, and Matela should be convicted of culpable homicide, not murder.
“When the accused is charged with murder, the Crown must prove its case beyond a reasonable doubt, which is the primary test for the court. From the start, the defence has been clear that our argument rests on the postmortem report,” submitted Adv Molapo.
He acknowledged that domestic violence took place between Matela and his wife but maintained there was no intent to kill.
“Our submission is that the accused never intended to kill his wife. The Crown has failed to prove intent. There is no direct evidence of intent to kill. When the accused realised the severity of the injuries, he promptly sought medical help for the deceased,” he argued.
Adv Molapo further asserted that the evidence provided by the Crown supported a conviction of culpable homicide, not murder.
“The best the Crown has proven is culpable homicide. If the court disagrees, it should find Matela guilty of culpable homicide, not murder. The pathology report was inconclusive, as even Dr Phakoana admitted. Dr Mosese, called as a defence witness, questioned the postmortem report and suggested that pulmonary embolism was the most logical cause of death. This is a clear case of domestic violence,” concluded Adv Molapo.
After hearing both parties, Justice Mokoko announced that he would deliver his judgment on 29 November 2024.
