Judul : Accused Ordered to Compensate Grieving Family With 10 Cattle
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Accused Ordered to Compensate Grieving Family With 10 Cattle
TThe High Court has handed down a 15-year prison sentence to four individuals for the killing of 32-year-old Moeletsi Makepe in Mokhotlong.
However, Acting Judge Manapo Motebele suspended the sentence entirely for three years, provided they do not commit a similar offense.
Judge Motebele, instead, directed the men to pay Mr. Makepe's family 10 cattle, to be settled within six months.
The individuals involved — Phomolo Moloi (36), Monna Nepo Moloi (44), Qeto Manti Moloi (45), and Masupja Peiso Sefefo (33) — admitted to the charge of negligent death when they appeared at the Northern Division of the High Court in Tšifa-li-Mali this week.
If they had entered a not guilty plea, the court would have listened to the testimony of Police Constable Sekhonyana, who stated that he received a call about a murder in Ha Moremoholo on 31 July 2020. Upon arriving at the location, the police confirmed that Mr Makepe had been violently beaten to death. His body showed numerous whip marks on his buttocks, thighs, and legs, along with several severe head injuries.
A police inquiry resulted in the arrest of four individuals, along with a fifth person who later passed away. A close associate of the late individual, Tatapa Sefefo, informed authorities that he was with Mr. Makepe the night before. Both men had been drinking, and Mr. Sefefo mentioned that he suggested Mr. Makepe stay the night rather than return home.
Around 5am, Mr Sefefo noticed that Mr Makepe was not around. He eventually found out that his friend had been held at Phomolo's residence. Upon arriving, Phomolo stated that Mr Makepe had assaulted him by "striking his door forcefully" during the night.
Testimony presented in court indicated that the defendant alternated in striking Mr. Makepe with a sjambok and a knobkerrie. Following his arrest, they reportedly secured him to a horse's tail and pulled him across the village, visible to all inhabitants.
The prosecution added that when Mr. Makepe requested food, someone tried to give him soft porridge. However, accused number two, Moloi, declined, stating that they were "messing with the food."
The local chief, Masenate Lerotholi, stated in her statement that the accused brought the seriously injured Mr Makepe to her office. Disturbed by his state and his difficulty in walking, she directed them to take him to a medical facility. Mr Makepe passed away shortly after.
A report from Mokhotlong Hospital dated August 13, 2020, stated the cause of death as "beating of unknown origin."
Following the men's guilty pleas, the prosecution recommended a severe punishment, stating that Mr. Makepe was a young single man without children, who took care of his elderly mother and his physically disabled older brother. They characterized him as a self-employed livestock farmer who was the main source of income for his family.
The court was also informed that during a mediation meeting, the family of the deceased asked for 10 live cattle as compensation, to be provided together within two months, and mentioned they would rather have compensation than see the accused sent to prison.
As a mitigating factor, defense attorney Advocate Mosheshe Nkhahle stated that the defendants were first-time offenders, showed regret, and were willing to provide compensation to the grieving family.
"They have been cooperative since their release and have not fled. We request a lenient sentence, Your Honor — a completely suspended sentence," he stated.
Delivering her judgment, Justice Motebele explained the principles that influenced the sentence. She mentioned that the court needed to weigh the severity of the crime against the situations of both the offenders and the victim, while also taking into account the interests of society.
Justice Motebele emphasized the court's responsibility to safeguard those in need and to prevent acts of violent mob violence. While recognizing that the individuals admitted guilt, worked with the court, and consented to pay compensation to the family, she pointed out the harshness of the attack.
She observed that Mr. Makepe seemed to be very drunk, which made it less likely that he had the intention or ability to commit any misconduct. His death, she stated, was unfortunate, avoidable, and completely unjustified.
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