…after state witnesses fail to appear
Kabelo Masoabi
A murder case against a Maputsoe taxi driver accused of fatally stabbing a member of the Lesotho Defence Force (LDF) has been temporarily withdrawn from the High Court after key state witnesses failed to appear in court.
The accused, 43-year-old Sello Nteso, is charged with the murder of 23-year-old soldier Basia Tšepe, who died after being stabbed during an altercation at the Purple Haze (Lehafing) nightclub in Maputsoe on 2 August 2015.
Police investigating officer Khetsi told the Northern Division of the High Court that two of the prosecution’s three witnesses could not be traced. One witness is reportedly working in South Africa, while the whereabouts of the second remain unknown.
Prosecutor Advocate Tlali said the Crown could not proceed with only one available witness, particularly as that witness was linked to the defence rather than the deceased.
The prosecution subsequently applied for a temporary withdrawal of the matter pending efforts to trace the missing witnesses.
The withdrawal does not amount to an acquittal, and the state may reinstate the charges once investigations are completed and the witnesses become available.
The court heard that, without the missing witnesses, the prosecution would struggle to establish how the fatal incident occurred.
According to the charge sheet, Mr Tšepe and Nteso became involved in an altercation at the nightclub after the accused allegedly asked to pass through where the soldier was standing.
Defence counsel Advocate Selepe said the confrontation began when the soldier allegedly took offence after Mr Nteso said: “Let me pass, man.”
The soldier reportedly became angry and warned Nteso not to address him as “monna” (man).
The defence further claimed tensions escalated when Mr Tšepe allegedly slapped Nteso during the exchange.
Nteso is also said to have told the soldier that he could not fight him because he was “a child he had helped raise”, suggesting the two were acquainted from their home village of Ha Molahlehi in Maputsoe.
The deceased was reportedly also a regular passenger in the taxi Nteso drove between Maputsoe and Maseru.
The defence alleges that Mr Tšepe later drew a firearm, prompting Nteso to retaliate by stabbing him with a knife.
The court also heard that the accused is considering pleading guilty to culpable homicide or a related offence.
Counsel from both sides indicated that discussions were underway regarding possible compensation and reconciliation talks between the two families, in line with Basotho customary practices.
The Sunday Express has further learnt that Nteso, who had initially been released on bail in the matter, was later remanded in custody after being charged in a separate murder case that is also expected to come before the courts.