The defence in the trial of a Mosotho man accused of the murder of a German tourist says crown evidence has failed to prove conspiracy to murder and theft, prior to the committal of the offence.

Countering Prosecutor Mr. Peter Lenono’s contention that accused Keketso Lekota conspired with his deceased friend, Qenehelo Lillane, to kill the tourists, Advocate Haae Phoofolo said Lekota did not commit any offence by having been at the scene of a crime. 

Whether the accused ran away with his friend subsequent to it is immaterial, as what matters is the role that he played during its committal. ‘What matters is not what happened after the offence, but before and after it,' Advocate Phoofolo said.

In his heads of argument, Prosecutor Mr. Lenono said although evidence showed that Keketso Lekota stood passively while Lillane shot at the tourist, he participated in the offence since he joined him in running towards the overturned car, to demand money from the tourists.

Mr. Lenono said subsequent to that, the accused fled from the scene of crime with Lillane, on his own will, without being forced by anybody.

Lekota is charged with the murder of Sabastian Horsten at Litšokeleng, Malealea in the Mafeteng district, on March 17, 2004. He is also charged with armed robbery, and contravention of the Internal Security Act number 17, of 1996.

28 February 2006