Moorosi Tsiane
HIGH Court Judge, Moroke Mokhesi, has expressed disappointment over the manner in which Director of Public Prosecution (DPP), Hlalefang Motinyane, was handling the trial of 10 soldiers accused of killing three civilians and dumping their bodies in Mohale dam in May 2017.
This after a witness in the matter, Detective Inspector (Det-Insp) Tankiso Lethoko, told the court on Tuesday that he had not been made aware that he was due to have appeared before court a day earlier to be cross-examined by defence lawyers.
Det-Insp Lethoko was called in as the 24th state witness in May last year when he told the court that the first accused in the matter, Brigadier Rapele Mphaki, had confessed that he and his other nine accused persons killed the trio and dumped their bodies in Mohale dam.
However, Det-Insp Lethoko’s evidence was objected to by the defence lawyers who argued it had not been entered voluntarily and freely and was therefore inadmissible.
They asked the court to launch a trial-within-trial to establish whether such an admission was done freely and voluntarily. Det-Insp Lethoko had been led in evidence by the then lead Prosecutor Shaun Abrahams.
He completed his evidence in chief in May 2023 and the case was then postponed to 5 February 2024 for the defence to begin with the cross examinations.
But sometime towards the end of last year, Advocate Abrahams and his assistant Motene Rafoneke pulled out of the case over non-payment of their fees.
Adv Rafoneke was however reinstalled on Monday afternoon to proceed as the lead prosecutor of the matter.
However, when the case was supposed to proceed, Det-Insp Lethoko was a no show and DPP Motinyane informed Justice Mokhesi that they were not able to get the police officer as he was not reachable on his mobile phone. DPP Motinyane told the court that Det-Insp Lethoko was aware he had to be before the court.
The frustrated Justice Mokhesi then gave the Crown an ultimatum that if the witness was not before court the following day, he would release all the accused on bail.
When the court convene on Tuesday, Det-Insp Lethoko was present and he told Justice Mokhesi that he was never informed he should have been before court the previous day. He threw DPP Motinyane under the bus, saying her office had displayed incompetence in handling the high-profile cases.
“I did not know I had to come to court on Monday. What happened was something very shameful and I am very embarrassed about it. However, I am not surprised as I had anticipated that it would one day happen, given the manner in which the office of the DPP handles these high-profile cases.
“I have 21 years of service as a police officer and 10 years as a detective, so I know that I am bound by the laws to help the courts. I know the repercussions of not abiding by such laws and as someone who wants to see justice being served, I am always ready to help the courts with my evidence,” said Det-Insp Lethoko.
“When we adjourned in May last year, the case was supposed to continue in August but I got a phone call from Abrahams informing me that the matter had now been set for February 2024 and he said they will give me exact dates but that has never happened…”
Det-Insp Lethoko was then stopped by a visibly agitated Justice Mokhesi who openly expressed his disappointments with DPP Motinyane, saying they had “misled” the court on Monday into thinking that the matter could proceed while knowing that was not possible.
“All I can say is that I am disappointed in you Mr Rafoneke and the DPP. My conclusion is that you were not candid with the court. The explanation Inspector Lethoko has given in understandable; you were not candid with the court knowing fully what was happening behind the scenes. We wasted a lot of our time yesterday when you were fully aware that this matter was not going to proceed.
“DPP was here and Lethoko was not here. You were fully aware that the matter would not continue even at 2 O’clock, you (Rafoneke and DPP) both pretended that Lethoko would make it here. I am very disappointed and that (behaviour) was unbecoming, and I am totally unimpressed by that,” fumed Justice Mokhesi.
In his defence Adv Rafoneke said he had been waiting to iron his outstanding issues first with the DPP so he couldn’t make any arrangements as they had only finalised their issues around lunch on Monday.
He said he was also “deceived” by DPP Motinyane who had told him that the witness was already within the High Court’s premises and they would therefore be able to continue with the matter after lunch, only for him to find out when he called Det-Insp Lethoko that he was in Butha-Buthe.
Justice Mokhesi then ordered that the matter proceeds and Adv Letuka Molati, who represents Brigadier Mphaki, began his cross examination where he seeks to discredit Det-Insp Lethoko’s evidence that Brig Mphaki had confessed to the murders. The case has been set down to run the entire month of February.
Brig Mphaki is charged 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 for kidnapping and murder of Lekheloe Noko, Molise Pakela and Khothatso Makibinyane in May 2017.
