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Chief Justice warns prosecutor

by Lesotho Times
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Moorosi Tsiane

CHIEF Justice Sakoane Sakoane has issued a stern warning to prosecutor Advocate Motene

Rafoneke, telling the lawyer he would not allow him to turn his court into a circus by withdrawing from cases midstream.

Justice Sakoane made this remark after Adv Rafoneke informed the court yesterday that he was taking over from Adv Lepeli Molapo as lead prosecutor in the trial of two soldiers accused of killing Lisebo Tang near the Ha Leqele residence of former army commander, Tlali Kamoli.

The two accused soldiers are Tjekane Sebolai and Selone Ratšiu and were Lieutenant-General Kamoli’s bodyguards when they allegedly murdered Lisebo Tang on 9 May 2014. The soldiers also stand accused of the attempted murder of Ms Tang’s companion, Tšepo Jane, damaging the latter’s vehicle, as well as defeating the ends of justice.

Mr Jane had parked his car next to Lt-Gen Kamoli’s home when the soldiers shot at the vehicle, injuring him and killing Ms Tang.

Although the trial began in 2019, Justice Sakoane had to start it afresh after it was left part-heard by Botswana Judge, Kabelo Lebotse, who had been brought in to preside over high-profile

cases until he resigned in May 2020 over what he and fellow foreign judges considered to be poor

working conditions. Justice Lebotse had already heard the Crown’s evidence from seven witnesses.

Justice Sakoane was supposed to proceed with the matter on Monday this week, but Adv Molapo was a no-show, forcing the judge to postpone the case to yesterday.

It had been expected that Justice Sakoane would yesterday conduct an inquiry into why Adv Molapo had snubbed this criminal case and opted to attend a civil matter before another judge on that day, when the law was clear that criminal cases ought to be given priority.

However, Adv Molapo was saved by Adv Rafoneke who indicated that he had taken over the prosecution of the case, leading to the judge’s warning.

“My Lord, I will be taking over as Crown counsel in this matter as Adv Molapo’s mandate has been

terminated by the Director of Public Prosecutions (DPP),” submitted Adv Rafoneke.

The tough-talking Chief Justice, however, said he was aware that Adv Rafoneke had withdrawn from other cases he had been engaged by the DPP to prosecute and warned against a repeat of similar actions.

Adv Rafoneke had been prosecuting five other high-profile cases alongside South African Shaun Abrahams but the two withdrew from those cases last month over what they cited as the unprofessional conduct of DPP Hlalefang Motinyane.

“I take notice that you have withdrawn in other matters. How come you are back on brief? Are you

not going to face the same challenges here? Because if you are going to prosecute this matter, you will have to be here for all the dates this court will set.

“I am not going to allow you to be absent on some days citing that you have problems with the DPP

regarding your fees. I want a lawyer who will prosecute this matter to finality. This is a 2019 matter

and if you are going to prosecute it, you should clear your diary because I am not going to allow you

to postpone and tell me you have a part-heard matter before another judge. I do not want any

excuses,” said Justice Sakoane.

In response, Adv Rafoneke said he would be present throughout the trial, adding his withdrawal in other cases had nothing to do with this hearing.

Justice Sakoane then ruled that the case must start afresh, explaining: “In a criminal matter where a judge resigns, the position of the law is that the case has to start de novo. But because we are still having recording devices challenges, I will postpone the matter to 30

August 2023 as I have been advised that the recording machines will take a month to come back to order.”

END

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