Relebohile Makhetha
Qamo Matela’s lawyer, Advocate Lepeli Molapo, has submitted before the High Court that if Matela is found guilty, it should be for culpable homicide rather than the murder and assault charges he currently faces.
Matela, from Khubetsoana, Maseru, is accused of murdering his wife, ‘Mahlompho Matela born Rethabile Mofolo in an apparent domestic violence incident in September 2021.
Advocate Molapo admitted this week in court that while Qamo did assault his wife, he had no intention of killing her. He pointed out that she was still conscious when she arrived at the hospital, and that Qamo himself took her there.
Molapo added that, although disputes are common in relationships, resorting to violence is wrong. He requested that Matela be found guilty of culpable homicide rather than murder.
He further submitted that the case is a clear instance of domestic violence as husband and wife can be.
The defense also claimed that pathologist Dr Phakoane’s investigation was not thorough because he was directed by the family rather than the police, which compromised the postmortem results. Molapo also argued that the prosecution did not call for testimonies of two doctors to testify, as their testimonies would have contradicted those from one of the doctors in Lesotho.
The defense also emphasised that it was unnecessary for Qamo to provide expert testimony on what could have caused his wife’s death, as he is not a medical expert. The first doctor found only superficial injuries, indicating that the deceased was not brutally assaulted.
The court, however, noted that since the prosecution now admits that the accused assaulted the deceased, it remains unclear how to proceed, as the accused did not provide a detailed account of the assault.
The prosecutor, Advocate Peleha Joala argued that the testimonies of two doctors from Bloemfontein should not be considered, as they had caused confusion in the case. Neither doctor could definitively determine what led to ‘Mahlompho’s death, as they did not conduct the postmortem.
In contrast, the testimonies of three doctors from Lesotho were consistent, leading the prosecution to argue that Qamo should be found guilty as charged. Dr. Mosese from Bloemfontein testified that the assaults did not directly cause the death, which is part of the defense’s argument for a culpable homicide verdict rather than murder.
Dr. Phakoane admitted that certain areas were not examined, as he was instructed to focus on specific body parts.
The matter was heard before Justice Tšeliso Mokoko.
Summary
- Molapo also argued that the prosecution did not call for testimonies of two doctors to testify, as their testimonies would have contradicted those from one of the doctors in Lesotho.
- The defense also emphasised that it was unnecessary for Qamo to provide expert testimony on what could have caused his wife’s death, as he is not a medical expert.
- The court, however, noted that since the prosecution now admits that the accused assaulted the deceased, it remains unclear how to proceed, as the accused did not provide a detailed account of the assault.
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