…after stabbing him 14 times
Kabelo Masoabi
A Mokhotlong farmer, Moruti Mapola, has been convicted of murdering his wife’s alleged lover after stabbing him 14 times during a violent confrontation sparked by accusations of infidelity.
The High Court, sitting in Tšifa-li-Mali, on Friday found Mapola guilty of murder on the basis of dolus eventualis (legal intent), ruling that although the killing was not premeditated, he foresaw that his actions could result in death and reconciled himself with that outcome.
Acting Justice ‘Manapo Motebele convicted Mapola of the murder of Tšeliso Chabalala, rejecting his claim that he acted in self-defence. He had pleaded not guilty.
The court heard that the fatal incident occurred on 24 November 2017 in Kholokoe village, Mokhotlong. The two men, once close friends, became embroiled in a violent fight after Mapola repeatedly accused Chabalala of having an adulterous relationship with his wife.
Crown evidence
State witness, Makoena Masauli, testified that she was walking towards her village when she came across the two men fighting.
“Upon arrival at the scene, I saw the accused mounted on top of the deceased. I saw the accused repeatedly throwing fists at the deceased and also saw shiny objects moving up and down in the accused’s hands,” she told the court.
Ms Masauli said Mapola immediately got up and fled on his donkey when he realised she was approaching.
She testified that she knew both men from the village and called out to Mr Chabalala by name but received no response.
When she moved closer, she found him with multiple stab wounds, including injuries that had left his intestines protruding from his lower ribs. She said she did not see any weapon near the deceased before rushing to the village to report the incident.
A post-mortem report admitted into evidence confirmed that Chabalala died from multiple stab wounds. The court heard he sustained 14 stab wounds.
Defence version rejected
Testifying in his own defence, Mapola claimed he had been riding a donkey carrying a bag of maize meal when Mr Chabalala attacked him from behind with a knife. He alleged he was stabbed twice before turning to confront his attacker.
He denied initiating the assault and maintained that he acted in self-defence.
Justice Motebele, however, found his version improbable and inconsistent with the evidence presented by the prosecution.
The judge held that the eyewitness testimony, together with the nature and extent of the injuries sustained by the deceased, overwhelmingly supported the State’s case that Mapola overpowered Mr Chabalala before repeatedly stabbing him.
The court found that once the accused had subdued and disarmed the deceased, he had an opportunity to stop the attack but instead continued stabbing him in vital parts of the body.
Justice Motebele further noted that Mapola abandoned the injured man and fled the scene without attempting to render assistance or seek medical help.
The judge ruled that although the killing occurred during a fight and was not pre-planned, Mapola’s conduct demonstrated dolus eventualis, as he foresaw that repeatedly stabbing the deceased could result in death but nevertheless persisted.
Sentencing
Mapola remains in custody pending sentencing.
The court is expected to weigh aggravating factors, including the use of a knife and the circumstances leading to the fatal attack, alongside any mitigating factors before imposing sentence at a later date.
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