Kabelo Masoabi
THE High Court has been asked to acquit 29-year-old Ntisa Ramosebetsi of murder, even before he takes the stand, because the Crown has “failed” to raise a credible case against him.
Ramosebetsi’s lawyer, Advocate Potso Mokhachane, applied for his client’s acquittal at the close of the Crown’s case on Thursday, arguing it had failed to link him to the murder.
Ramosebetsi is charged with the murder of a man only identified as Moorosi, who was allegedly strangled on 8 November 2020 in Sebothoane, Leribe. The matter is being heard before Justice ’Manapo Motebele at Tšifa-li-Mali, Leribe.He will rule on the discharge application on 1 December 2025.
Adv Mokhachane told the court that the prosecution’s case was riddled with“inconsistencies, procedural errors, and insufficient evidence”. He insisted that investigators had failed to properly question the accused and did not collect or preserve key exhibits.
The trial has been marked by several developments, including the testimony of former co-accused ’Mathabo Senatsi, who has since turned state witness.
Central to the case is the testimony of Detective Police Constable (DPC) Mosenene, who told the court that on 31 October 2024, Ramosebetsi arrived at the Leribe Police Station saying he wanted to confess to the murder. According to the officer, the accused then accompanied the police to the scene, pointing out where the murder allegedly occurred and where the body was supposedly buried.
However, no remains were found at the supposed scene in Ha Leshoele.
“He stated that he killed Moorosi while he and Senatsi were at Tšepo Masepole’s house in Sebothoane. He pointed out the place where he said the killing happened. He further said he wrapped the body in a mat, hired a cab, and buried it in a shallow grave at the river. But when we arrived, the corpse was no longer there,” DPC Mosenene testified.
During cross-examination, Adv Mokhachane challenged the detective’s version, arguing that the officer failed to interrogate the accused properly or verify the alleged confession.
He submitted that the detective’s claims contradicted Ramosebetsi’s own account — that he witnessed the killing and that it was in fact Senatsi who strangled the deceased.
Advocate?Mokhachane argued that because the detective did not witness the alleged killing, he could not dispute the accused’s claim that Senatsi was responsible.
The defence further attacked the quality of the investigation, pointing out that the mat allegedly used to wrap the body was never produced in court, nor was any DNA evidence collected.
He added that the Crown’s case relied almost entirely on the testimony of Senatsi, whose motives and credibility should be questioned.
A friend of the deceased previously testified that Senatsi had called him for help because the deceased refused to leave the premises. When he arrived, he found the deceased with a swollen mouth, but the accused was not present. This, Mokhachane argued, raised questions about the Crown’s narrative?that Ramosebetsi was the aggressor.
The defence also highlighted Ramosebetsi’s version that Senatsi entered the house already fighting with the deceased, and that she was the?one who strangled him while he tried to intervene.
A postmortem conducted on 30 October 2021 on the remains identified as those of Moorosi Mohloai concluded that the body was in an advanced state of decomposition. The pathologist could not determine the exact cause of death, although the date of death was consistent with November 8, 2020.
Adv Mokhachane questioned why items the deceased was wearing — including clothes and a necklace — were never presented in court, arguing that this omission created doubt about whether the body examined was indeed Mohloai’s.
He insisted that without a clear cause of death, and without physical evidence linking the accused to the alleged killing, the prosecution had completely failed to establish its case.
Placing Ramosebetsi in the witness box would expose him to self-incrimination and prejudice his rights. He requested that the discharge application be granted and sought leave to file written submissions in support of the motion.
Representing the Crown, Adv Thamae opposed the discharge application, saying?Ramosebetsi’s decision to surrender and point out the crime scene was enough evidence of his guilt.
“We urge the court to dismiss the accused’s application for discharge,” he said.