Tefo Tefo
Prominent Maseru lawyer, Attorney Khotso Nthontho, was yesterday slapped with an additional charge of fraud following his arrest for alleged perjury last month.
Attorney Nthontho first appeared before the Maseru Magistrate’s Court on 16 February charged with perjury allegedly committed in the Court of Appeal in November last year while representing Lesotho Defence Force (LDF) members accused of mutiny.
The lawyer had been arrested on 12 February, but was released the same day following an urgent High Court application by his wife, ‘Mathato, and 10 of his colleagues.
Reads Attorney Nthontho’s perjury charge sheet: “In that upon or about the 9th day of November 2015 and at or near the Court of Appeal of Lesotho in the district of Maseru, the said accused did file an application (Notice of Motion) addressed to the Court of Appeal on behalf of the applicants therein namely, Aupa Mohasi and Molato Mohatlane in C of A (civ) 29\2015, in which judicial proceedings the accused did intentionally make a false statement related to any matter material to the course of the judicial proceeding and did thereby contravene provisions of Section 86(1) of the Penal Code No 6 of 2010.”
However, in a new turn of events, the prosecution yesterday preferred an additional charge of fraud against Attorney Nthontho, which was read to him by Chief Magistrate ‘Matankiso Nthunya.
The fraud charge sheet reads: “In that on or about the 9th day of November 2015, and at or near Maseru in the district of Maseru, the accused did unlawfully and deliberately, to various persons, make false representations, and/or concealed from the said persons facts, in circumstances where he had a duty to reveal same, with the intention that such persons should act upon the said representations to their detriment and thereby caused the said persons to so act.
“…The accused in the aforesaid application did represent to the Clerk/Registrar of the Court of Appeal and/or the judges of the Court of Appeal and/or the respondents that he had been authorized by Mohatlane to depose to an affidavit; and/or to move the aforesaid application; and/or that Mohatlane was in solitary confinement.”
Meanwhile, there are three alternative charges against Attorney Nthontho— obstruction of justice and officially constituted public enquiries and contempt of court.
Advocate Lesaoana Mohale, who is prosecuting the case also told the court that he had a savingram from the office of the Director of Public Prosecutions (DPP) that the case was now being transferred to the High Court for trial.
“I can confirm that the indictment has already been finalized.
“It is just an administrative matter between the office of the DPP and the office of the Registrar of the High Court for the accused to be given a notice of trial.
“I can also confirm that someone has already been appointed to prosecute the case,” he said.
Attorney Nthontho still remains on bail after Advocate Mohale told the court that the prosecution had no problem with his bail conditions.
Attorney Nthontho is among lawyers representing 23 Lesotho Defence Force members accused of plotting to topple the army command. The suspects were arrested between May and June last year and detained at Maseru Maximum Security Prison. Five of the soldiers have since been released and placed under ‘open arrest’.
Their case is now before the Court Martial.
