Moorosi Tsiane
JUDGE Moroke Mokhesi has told Director of Public Prosecutions (DPP), Hlalefang Motinyane, to put her house in order failing which he will free on bail 10 soldiers charged with the May 2017 murders of three civilians, whose bodies were later dumped in the Mohale Dam.
This was after the trial of the 10 failed to proceed on Monday as the lawyers prosecuting the case for the DPP, Shaun Abrahams and Motene Rafoneke, had already quit because of non-payment of their fees. The two had since filed formal applications to withdraw from the case as they are still owed by the government.
Adv Abrahams, who is based in South Africa, was not in court. He had arranged with his co-prosecutor – Adv Rafoneke – to argue their application.
But that too did not happen as the DPP pleaded with the judge to postpone the matter while she arranges for the two prosecutors to get paid.
“My Lord this matter has already proceeded before you and 13 witnesses have already been called to testify. Adv Abrahams and Rafoneke were in charge but they have filed an application to withdraw from the case. I ask the court to defer this matter to 24 April to give me time to address their contractual obligations so that they can continue with the case.
“The preparations are already at an advanced stage and we are hopeful that by next week the issues at hand would have been resolved,” submitted DPP Motinyane.
Defence counsel, Letuka Molati, who represents one of the accused soldiers opposed the application for postponement saying it was an ambush. He said the court’s business of the day was to hear an application for withdrawal by the Crown’s prosecutors. That’s what he had come to deal with, he said.
“My Lord I oppose the application. There is no application for postponement before you. The application before you, is that of withdrawal. It is the one I was notified to come here to address. I oppose this application which is raised from the bar with no notice of motion and affidavit,” Adv Molati said.
“The application for postponement should be justified in terms of the law (and it is not). I therefore submit that it be dismissed, and the court continues with its business of the day.”
Other defence lawyers Karabo Mohau Kings Counsel (KC), Napo Mafaesa and Attorney Qhalehang Letsika aligned themselves with Adv Molati’s submissions.
The irate Justice Mokhesi was also not impressed with DPP Motinyane.
He reminded the DPP that when the matter was postponed in November last year, he had made it clear to the DPP, that she should “sort out these finance issues for the trial to continue smoothly” as the accused persons had been detained for too long now.
The judge said if DPP Motinyane could not afford to pay independent prosecutors she should use lawyers in her office to prosecute the matter.
“The issue here is of finances…. I made it very clear in November when we postponed this matter that we have lost out on too much time because of this same issue (of payment to prosecutors) and that is unacceptable,” said Judge Mokhesi.
He then said he would indulge the DPP “for the last time” and grant the postponement. But he also issued a chilling warning that if she failed to address the issue, he would readily release all the accused on bail at the next appearance.
“I am prepared to condone your application from the bar and the matter will be moved to next week Monday. However, this matter will no longer be postponed…… I will release all of the accused on bail (if the issue of payment of prosecutors is not resolved). It (the case) will not even be argued… I will just release them,” a visibly irate Justice Mokhesi said.
Former Military Intelligence (MI) boss, Brigadier Rapele Mphaki is accused alongside Major Pitso Ramoepane, Sergeant Lekhooa Moepi, Captain Mahlehle Moeletsi, Lance Corporal Mahlomola Makhoali, Private(s) Nthatakane Motanyane, Motšoane Machai, Tieho Tikiso, Liphapang Sefako and Nemase Faso.
They allegedly strangled Lekhoele Noko, Molise Pakela and Khothatso Makibinyane at Setibing in rural Maseru on 16 May 2017 and dumped their bodies in the Mohale Dam.
The soldiers allegedly kidnapped and murdered the three men after the trio had just been released from police custody. They had been detained in connection with a shooting incident at the Maseru border gate on 13 May 2017.
An accomplice witness in the trial, Major Tsietsi Monyeke, has already told the court that Brig Mphaki was the one who ordered them to kill the three civilians. He told the High Court that they abducted and strangled their alleged victims before throwing them into Mohale Dam.
