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Rex V Biyo (CRI/T/480/2013) [2021]LSHC 64 (19 April 2021);
Flynote:
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CRI/T/480/2013
In the matter between:
REX CROWN
SEMPE BIYO ACCUSED
Read more about Rex V Biyo (CRI/T/480/2013) [2021]LSHC 64 (19 April 2021);
Metsing V The Director of Public Prosecution (CIV/APN/425/2020) [2021]LSHC 44 (08 February 2021);
Search Summary:
Criminal procedure – joinder of accused in a pending trial – accused resisting joinder on basis that it is not in compliance with the procedure of committal for trial after holding of preparatory examination – decision to indict summarily challenged – whether the challenge can be brought before a non-trial judge – Constitution 1993, sections 12 (1) and 2 (c); Criminal Procedure and Evidence Act, 1981, sections 99, 119, 140, 144 and 160.
Held at Maseru
CIV/APN/425/2020
MOTHEJOA METSING 1ST APPLICANT
SELIBE MOCHOBOROANE 2ND APPLICANT
Read more about Metsing V The Director of Public Prosecution (CIV/APN/425/2020) [2021]LSHC 44 (08 February 2021);
The Directorate on Corruption and Economic Offences V SOBITA Investment (Pty) Ltd (CIV/APN/183/2020) [2020] LSHC 2 (15 December 2020);
CRIMINAL LAW: Civil forfeiture of assets; The DCEO had applied for Preservation and forfeiture of property which it alleges is an instrumentality of a serious offence and/or the proceeds of unlawful activities- principles involved articulated and applied- Application dismissed with costs.
HELD AT MASERU CIV/APN/183/20
In the Matter between: -
THE DIRECTORATE ON CORRUPTION
AND ECONOMIC OFFENCES APPLICANT
SOBITA INVESTMENTS (PTY) LTD RESPONDENT
Read more about The Directorate on Corruption and Economic Offences V SOBITA Investment (Pty) Ltd (CIV/APN/183/2020) [2020] LSHC 2 (15 December 2020);
Rex v Phant'si (C of A (CRI-RESERVE) 1/2021) [2021] LSCA 6 (14 May 2021);
Criminal law and procedure - Reservation of law in terms of 15(1) of the Court of Appeal Act No.10 of 1978 – Accused convicted at the end of the trial –Whether the decision of the Court of Appeal in Mohale and Another v Rex C of A (CRI) No 2 of 2005 is correct regard being had to the fact that, it is inconsistent with section 12(4) of the Constitution – Whether the relevant age for consideration for purposes of section 26 (1) of the Children's Act , in light of section 12(4) of the Constitution is the age of the date of the commission of the crime and not the date of sentence.
IN THE COURT OF APPEAL OF LESOTHO
C OF A (CRI-RESERVE) 1/2021
CRI/T/58/2011
In the matter of:
MAPHALE PHANTŠI ACCUSED
CORAM: DR K.E. MOSITO P
Read more about Rex v Phant'si (C of A (CRI-RESERVE) 1/2021) [2021] LSCA 6 (14 May 2021);
Lesenya v Rex (C of A (CRI) 05/2020) [2021] LSCA 4 (14 May 2021);
Appellant's younger brother, accused 2, was charged with the murder of appellant's wife - Common cause that killing perpetrated only by accused 2 who pleaded guilty at trial - Appellant pleading not guilty but convicted on basis of common purpose and sentenced to 18 years imprisonment;
Appeal against conviction and sentence - Indictment not sufficiently informative that Crown relied for criminal liability on common purpose;
Held: failure of indictment to make any reference to reliance on common purpose by Crown in violation of appellant's right to a fair trial and prejudicial to him- Conviction quashed and sentence set aside - Director of Public Prosecutions left to decide whether to re-institute prosecution - in event of prosecution de novo trial to be before a different judge.
C OF A (CRI) NO 05/20
LIBOCHE LESENYA APPELLANT
REX RESPONDENT
CORAM: PT DAMASEB AJA
MH CHINHENGO AJA
Read more about Lesenya v Rex (C of A (CRI) 05/2020) [2021] LSCA 4 (14 May 2021);
Rex V Ralekhutle (CRI/T/127/13) [2021]LSHC 06 (09 March 2021);
CRIMINAL LAW: Accused charged with murder- crown witnesses inconsistent on the critical aspect of the case- accused given the benefit of doubt and acquitted.
HELD AT MASERU CRI/T/127/13
TELU-TSEBENG RALIKHUTE ACCUSED
Read more about Rex V Ralekhutle (CRI/T/127/13) [2021]LSHC 06 (09 March 2021);
Rex V Moeketsi (CRI/T/0009/18) [2021]LSHC 01 (13 January 2021);
HELD AT MASERU CRI/T/0009/18
NO. 10534/10362 P/C DLAMINI MOEKETSI
NO.74001/45808 P/C MONAHENG 'MUSI
NO.6752 SUPT. TLALI PHATELA
Read more about Rex V Moeketsi (CRI/T/0009/18) [2021]LSHC 01 (13 January 2021);
Mothobi v Director of Public Prosecutions (C of A (CRI) 04/19) [2020] LSCA 51 (30 October 2020);
Appellants charged with murder in High Court but convicted of assault with intent to cause grievous bodily harm and sentenced each to fifteen years imprisonment;
Appellants making application for bail pending appeal to the high Court - application refused;
Appellants appealing against High Court decision but failing to show material change of circumstances as required by Rule 12(5) of Court of Appeal Rules 2006 or otherwise showing they are entitled to bail on any other basis – Appeal dismissed
C of A (CRIM) No. 04/2019
In the matter between
TELLO MOTHOBI 1ST APPELLANT
Read more about Mothobi v Director of Public Prosecutions (C of A (CRI) 04/19) [2020] LSCA 51 (30 October 2020);
Malataliana v Director of Public Prosecutions (C of A (CRI) 04/20) [2020] LSCA 50 (30 October 2020);
Criminal Procedure – Leave to appeal to the Court of Appeal – Appeal already noted – Application for release on bail pending determination of application for leave to appeal.
HELD AT MASERU C OF A (CRI) NO.04/2020
BOKANG MALATALIANA APPLICANT
DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT
CORAM: K E MOSITO P
HEARD: 15 OCTOBER 2020
Read more about Malataliana v Director of Public Prosecutions (C of A (CRI) 04/20) [2020] LSCA 50 (30 October 2020);
Fako V Director of Public Prosecutions (C of A (CRI) 03/20) [2020] LSCA 49 (30 October 2020);
The right to a fair trial is central in any reputable criminal justice system and recognized in the Constitution of Lesotho. Bias on the part of a court, or a reasonable apprehension of bias, can be fatal for a fair trial. A judicial officer who presided in bail proceedings is not automatically disqualified from presiding in the subsequent criminal trial. However, real caution is called for, because the reasons for the granting or refusal of bail could result in a reasonable apprehension of bias. In this case the appellants failed to show cause for real bias or a reasonable apprehension thereof.
C OF A (CRI) 03/20
MOTSAMAI FAKO 1st APPELLANT
Read more about Fako V Director of Public Prosecutions (C of A (CRI) 03/20) [2020] LSCA 49 (30 October 2020);