…as court acquits eight others
Moorosi Tsiane/Hopolang Mokhupi
THE Crown still faces the mammoth task of convincing the High Court that the two remaining soldiers accused of the gruesome 16 May 2017 murders of three civilians are indeed guilty.
Sergeant Lekhooa Moepi and Private Tieho Tikiso were dealt a blow on Monday when their application for discharge was dismissed by Justice Moroke Mokhesi.
The pair had been charged alongside former Military Intelligence boss Brigadier Rapele Mphaki, Major Pitso Ramoepane, Captain Mahlehle Moeletsi, Warrant Officer Liphapang Sefako, Lance Corporal Mahlomola Makhoali, Private Nthatakane Motanyane, Motšoane Machai and Nemase Faso for the murders of Lekhoele Noko, Khothatso Makibinyane and Molise Pakela.
However, in a twist of fate, eight of their co-accused were acquitted on Monday after the court found no evidence linking them to the triple murder.
In his comprehensive ruling, Justice Mokhesi warned that the Crown must still dig deep to build a prima facie case against the remaining pair.
“Now that it is evident, as can be gathered from Lekhooa Moepi’s confession, that Lekhoele Noko was kidnapped and taken to Setibing where he was killed together with the two other men, who were later retrieved from Mohale Dam, that is prima facie evidence which the Crown needed to establish against Moepi at this stage,” the judge ruled.
“To determine whether the Crown established a prima facie case against the accused, the court looks at the entirety of the evidence adduced. Moepi confessed to having kidnapped and taken Lekhoele Noko to Setibing, where he was killed.
“Whether he killed him is a different matter. It is common cause that Lekhoele was later retrieved from Mohale Dam together with the two other men who disappeared with him. This calls for an answer from Moepi.”
Turning to Tikiso, Jutice Mokhesi was equally forthright, stating that while Tikiso had pointed out evidence, the Crown still needed to provide sufficient proof to link him directly to the crimes.
“…Now that I have rejected Tikiso’s counsel’s argument that I should overrule myself — that his pointing out is admissible — [the question becomes:] is this evidence to be regarded as prima facie evidence that he committed the three murder counts? Unlike confessions, evidence of pointing out by the accused, without more, is not sufficient to secure a conviction. The Crown still has to prove that he actually committed the crime.”
Justice Mokhesi acknowledged the lack of direct evidence linking Tikiso to the murders but noted that the circumstantial evidence merited further scrutiny.
“The fact that he pointed to a spot where the bodies of the three men were thrown into Mohale Dam justifies drawing an inference that he has knowledge that the deceased were killed and their bodies dumped in the dam.
“In fact, the bodies were recovered around the spot where the pointing out was made. This knowledge may not be equated with involvement in the murder of the three men. Such knowledge could have emanated from various sources — namely, personal involvement in the crimes, or being told by persons who committed the crimes where the bodies were dumped.”
In a crucial final note, the judge ruled that there is circumstantial evidence linking Tikiso to the events of that day, and the Crown must prove that connection.
“Though at this stage we are not concerned about the guilt of the accused, it should be stated that the question of whether the evidence of pointing out — though very strong — would establish the guilt of the accused beyond a reasonable doubt depends on the determination of the unique circumstances of each case. If there are these possibilities regarding how Tikiso got to know where the bodies of the three men were dumped in the dam, these possibilities are all that is required of the Crown at this stage: the making out of a prima facie case against him,” ruled Justice Mokhesi.
The trial continues, with the accused duo expected to take the stand in their defence.
