Nat Molomo
MASERU — The High Court on Friday sent back the case of Ts’epo Letsipa, 26, who was convicted of two counts of sexual assault, to the magistrate’s court for sentence.
Justice Nthomeng Majara two weeks ago overturned a verdict of the magistrate’s court that had found Letsipa not guilty saying the accused was guilty of sexually assaulting an American Peace Corps volunteer.
The judge said in light of submissions by crown counsel, Advocate Motiea Teele KC, the case had to be remitted to the same magistrate for sentence in terms of the Criminal Procedure and Evidence Act, 1981.
She advised that the court should be asked to consider the time the accused had already spent in custody.
Teele told the court that in terms of the law, the pleadings were not complete because the accused had not testified at the Maseru Magistrate’s Court.
Letsipa was charged with contravening sections of the Sexual Offences Act of 2003 after he allegedly sexually assaulted the volunteer on March 20, 2010.
He was also charged with robbing the US national of her cell phone and a wallet that contained M80.
Maseru magistrate ‘Makopano Taole had however acquitted Letsipa last year in April arguing the prosecution’s evidence was not admissible as the complainant had carried out her own investigations without the assistance of Lesotho police.
The crown then appealed against the judgment.
Two weeks ago Justice Majara overturned the magistrate’s verdict saying the crown had proved its case beyond reasonable doubt.
She said the argument that the complainant had no right or authority to carry out her own investigations was baseless.
Justice Majara also added that it was proper for the complainant to seek help from an expert in Pretoria who helped draw a sketch of the accused.
That identikit was used in court as an exhibit.
She said the participation of the artist was only intended to make a picture of the suspect on the basis of a description submitted to him by the complainant.