Kabelo Masoabi
THE High Court sitting at Tšifa-li-Mali is hearing the murder trial of three Ha Leutsoa villagers accused of killing a man during a stokvel gathering after he was allegedly accused of adulterating traditional beer with a home-brewed concoction known as mashuthishuthi.
Bonang Masiu, Fusi Chitja and Neo Lekoba have all pleaded not guilty to murder.
The Crown alleges that the trio acted in concert to fatally assault Monyane Litšoane on 12 March 2021 during a stokvel hosted by one Lekhanya in Ha Leutsoa village, Mokhotlong.
Leading evidence for the State, the deceased’s paternal nephew, Sehlooho Litšoane, testified that the incident began when the accused confronted the deceased, accusing him of disrespecting them by “mixing” their communal beer with mashuthishuthi. He told the court that Litšoane was unarmed at the time.
According to Sehlooho, the accused assaulted Litšoane with fighting sticks and a sjambok. He said the stokvel organiser intervened and escorted the three men to a nearby kraal to reprimand them.
Despite the deceased sustaining a bleeding head wound, Sehlooho testified that the accused later returned from the kraal and resumed the assault.
In key testimony, he alleged that after Litšoane collapsed to the ground, he overheard Lekoba instructing Chitja to “finish off” the deceased, warning that failure to do so would result in Chitja becoming the target of revenge.
Sehlooho said that when he attempted to intervene, Lekoba struck him with a shambok on the hand and body, while Masiu hit him on the head with a stone, causing him to fall. He further alleged that Chitja continued pelting the prone Litšoane with stones while Lekoba and Masiu redirected their attack towards Kokobane Mabanda, who had tried to defend the deceased.
Second eyewitness corroborates attack
The second State witness, Kokobane Mabanda, corroborated key aspects of the assault. He testified that the accused also accused Litšoane of maintaining an illicit relationship with Chitja’s wife.
Mr Mabanda said Litšoane asked Chitja to step outside for a private discussion, after which Masiu and Lekoba followed.
He described a stampede at the doorway as patrons rushed outside upon hearing that a fight had broken out, only to find Litšoane already lying on the ground.
Mr Mabanda testified that as he attempted to intervene, he sustained a fractured forearm when Masiu struck him with a stick. The injury was later plastered at hospital. As he tried to flee, Lekoba allegedly struck him on the side of the head with a stone.
His testimony was graphic.
“People became afraid to help Litšoane as the accused men continued to attack him and only left when they were satisfied. I saw blood and brain matter flowing from Ntate Litšoane’s skull,” he told the court.
The court heard that Chieftainess ’Malekhanya Litšoane, who was present at the stokvel, confronted the accused at the scene to establish the motive for the attack but received no response.
Upon confirming that Litšoane had died, she contacted the Lesotho Mounted Police Service.
Police later arrested the accused after they returned to the scene, while the injured were taken to a health facility and the deceased’s body removed to the mortuary.
Defence claims self-defence
Giving evidence through their legal representatives, Lekoba and Masiu denied directly assaulting Litšoane.
They contended that after the deceased collapsed, villagers attempted to exact vigilante justice on Chitja for allegedly causing Litšoane’s death. The two accused maintained that they merely intervened to protect Chitja from the mob.
They denied physically attacking the deceased and alleged that Mr Mabanda was among those who assaulted them. Consequently, they claimed they resorted to throwing stones in self-defence to disperse their attackers.
The defence has therefore raised private defence and the absence of intent to kill as central issues, leaving the Crown to prove beyond reasonable doubt that the accused shared a common unlawful purpose and foresaw the possibility of the deceased’s death.
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