MASERU — The High Court on Tuesday ordered two men to pay M30 000 in compensation to the family of a man they killed in January 2005 after they entered into a plea bargain with the crown.
High Court judge Justice Maseshophe Hlajoane, sitting with two assessors, convicted the two, Motseki Matšabisa, and ‘Mitsela Matšabisa of killing Mpho Mphuthing on January 2, 2005.
The court granted an application by crown counsel Advocate Moeletsi Thabane to pursue a separate trial for the third accused, Mokola Mapota, who is still at large.
Motseki and ‘Mitsela pleaded guilty to culpable homicide and were each sentenced to six years imprisonment.
But Justice Hlajoane suspended the sentence for three years on condition that the two did not commit a similar offence within that period.
The other condition was that they should compensate the deceased’s family.
Motseki and ‘Mitsela, who are related, were each ordered to pay M1 000 each per month for the next 15 months as compensation to Mphuthing’s family.
The court heard that when Motseki and ‘Mitsela committed the crime they were still aged 17 and 16 respectively.
Justice Hlajoane ruled that the first payment should be made by the end of February next year and the last by April 2013.
The sentence follows a plea bargain agreement reached between Advocate Thabane and Tšeliso Mokoko who was representing Motseki and ‘Mitsela.
“I have formed an opinion that intention should not be considered and I return the verdict of guilty of culpable homicide,” Justice Hlajoane said after the crown indicated that the two parties had reached an agreement.
The judge said the court had listened to the submissions in mitigation and decided that the two be given a chance to compensate the family of the deceased.
Advocate Mokoko assured the court that the two would not have difficulties paying the M30 000 compensation as they were now gainfully employed.
Earlier, Thabane told the court that had the two accused pleaded not guilty the crown would have called one Thabiso Ramaqabe to testify.
He said Ramaqabe, who was 19 at the time the offence was committed, had told him that he had witnessed Motseki and ‘Mitsela quarrelling with the deceased but could not hear what it was all about on January 2, 2005.
“Shortly thereafter Ramaqabe saw the deceased hit ‘Mitsela with a fist and Mapota pulling out a knife,” the crown counsel said.
The deceased also pulled out his knife but the two did not engage in a fight.
He said he later saw the accused approach Mphuthing and the two pulled their knives.
“He (Mphuthing) suddenly drew an axe and advanced towards the accused holding it,” Ramaqabe said.
Ramaqabe said he then approached the third accused, Mokola, urging him to desist from fighting.
But the three ignored his appeal.
‘Mitsela then picked a stone and hit the deceased on the head before falling down, the court heard.
Some villagers who had gathered during the commotion rushed Mphuthing to Motebang Hospital in Hlotse where he was certified dead upon arrival.
Motseki and ‘Mitsela then surrendered themselves to Hlotse police station.
