Nat Molomo
MASERU — A former soldier jailed by the High Court in July for killing his wife’s lover has appealed against the conviction.
Rethabile Mphahama told the Court of Appeal that the High Court should have found him guilty of a lesser charge of culpable homicide.
High Court judge Justice Tšeliso Monaphathi sentenced Mphahama to eight years in jail for killing police officer, Tanki Bulane, whom he found in a compromising position with his wife at Molemo Guest House in Maseru last year. Bulane and Mphahama’s wife were colleagues at the Police Training College (PTC).
Their families were also neighbours at the PTC compound.
During the appeal hearing Court of Appeal President Justice Michael Ramodibedi and two other judges, Charles Howie and Nthomeng Majara, were on the bench. Mphahama’s lawyer, Advocate Lepedi Molapo, pleaded with the court to find his client guilty of culpable homicide.
When asked whether Mphahama had been following his wife to the guest house, Molapo said this was not the case.
He added that it was only by coincidence that Mphahama saw his wife dropping off a taxi. When the two left home, the wife claimed she was going to Masianokeng, the court heard.
“He was surprised to see her on the way to Ha Ts’osane,” Molapo submitted.
He said Mphahama did not harbour any suspicions about the deceased having an extra-marital affair with his wife.
When asked why Mphahama did not allow Bulane to escape Molapo said when Bulane charged towards his client, who was standing near the door, Mphahama thought he wanted to harm him.
He said Bulane pushed him and he hit the door.
Asked if Mphahama was acting in self-defence and how it was possible that the deceased sustained injuries on the back and on the temple, the lawyer said his client lost consciousness and might not have been aiming at a particular spot during the fracas.
Molapo asked the court to impose a custodial sentence that would not exceed four years.
Advocate Kananelo Khoboko, for the crown, suggested that Mphahama should be given six years if the Court of Appeal finds him guilty of culpable homicide.
She said Mphahama knew as a trained former soldier the consequences of using weapons. Judgment will be delivered on October 21.
In his ruling in July Justice Monaphathi said Mphahama had committed a “serious offence” despite the circumstances he was in.
“The accused has taken human life and the deceased will not come back again,” Justice Monaphathi said.
The judge said when Mphahama got to Molemo Guest House he had an option to avoid going into the room that Bulane and his wife occupied.
“To me the accused had a choice not to go to Room Number Two. He should have gone to the receptionist and asked her to call his wife,” Justice Monaphathi said while summing up evidence before sentence.
He added that it was a pity because Mphahama “was provoked and was not the cause of the trouble”.