Maseru, Feb. 10—-A prosecutor in a case in which two army members are charged with the murder of Lisebo Tang which occurred near the home of Retired Army Commander Lieutenant General Tlali Kamoli in 2014, Advocate Motene Rafoneke argues that the accused had direct intention to kill.
This he said when presenting his closing arguments before Chief Justice Sakoane Sakoane on Tuesday.
Sergeant Tjekane Sebolai and Private Selone Ratsiu who were on May 09 2014, on a night duty at the residence of Kamoli, are alleged to have shot and killed Lisebo Tang who was in the company of Tsépo Jane who survived the shooting with injuries. It is further alleged that they also damaged the vehicle in which Tang and Jane were travelling in.
” Our submission is that when the accused shot at the vehicle, there was intention to kill whoever was inside”, the prosecutor said.
He stated that the type of weapons used in the incident, which are AK47 rifles, are war weapons. He added that the 42 bullet holes on the vehicle which was stationery and 24 bullets used on that day as the accused respectively accounted for 10 and 14 bullets are a clear indication of a plan to kill.
” The manner in which the shooting was executed disregarded whether the occupants of the vehicle survived or not”, he indicated.
Adv. Rafoneke further argued that there is no self-defence in this case. He said there is no doubt that both accused participated in the commission of the offence adding that there is enough evidence to prove that. He emphasised that there was no imminent danger against the accused to justify the shooting and claimed self-defense.
He asked the court to find the accused guilty of all the offences charged.
Evidence presented before the court revealed that the accused shot at the vehicle in which Jane and Tang were travelling in as it matched a description of the vehicle mentioned in the Red Alert which stated that there was a white 4×4 vehicle dropping bombs at places. It further revealed that Jane and Tang ignored warnings and instructions from the accused to step out of the vehicle and identify themselves.
The evidence showed that the accused considered the vehicle a threat due to the manner in which it conducted itself around the home of the army commander and their work vicinity. It added that they were following the order: “capture the enemy, if it resists or fleas, eliminate it”, when they shoot at the vehicle.
The accused were initially charged together with Private Kopano Matsoso who was in 2020 acquitted after the court ruled that he did not have a case to answer as there was no evidence linking him to the offences charged.
Apart from murder, the accused are also standing trial for attempted murder and malicious damage to property.
Ends/SM/BM