…as docket “mysteriously” disappears from court
Moorosi Tsiane
THE theft case against Peka constituency legislator, Mohopoli Monokoane, failed to resume yesterday after the court was informed that his case docket had gone missing.
Adding to the controversy, the Directorate on Corruption and Economic Offences (DCEO) prosecutor, Advocate (Adv) Lebohang Motelle, who is handling the case, failed to appear in court.
Mr Monokoane was first arraigned before the Maseru Magistrate’s Court in November last year, facing charges of stealing fertilizer worth M42,000. He was charged alongside his company, Hippo Transport INC. Pty Ltd, and its store manager, Lebohang Mathibela. They were all released on M10,000 bail by Magistrate Itumeleng Letsika.
The case could not proceed yesterday morning as Mr Monokoane’s lawyers, Advocates Motiea Teele KC and Christopher Lephuthing, were informed that the docket was missing from the court’s registry.
It was only around 1pm that Central Chief Magistrate ‘Matankiso Nthunya heard the matter, whereinn state prosecutor, Adv Tšepiso Hlojeng, confirmed that the docket could not be found.
“Your Worship, the matter was supposed to continue today, but Advocate Motelle is unavailable due to other commitments. Secondly, we were unable to locate the docket. We request that the matter be postponed to the next remand date, which is 7 April 2025,” submitted Adv Hlojeng.
Adv Teele expressed frustration over the missing record, confirming that the defence team had not been provided with the case docket.
“I must confirm that we were expecting to proceed today. The court had previously ordered the Crown to furnish us with the docket, yet we have not received it to this day.
“The reason we suggest that Your Ladyship keep a record of our presence today is that it will be useful in determining the next course of action. We cannot disclose at this stage what steps we will be taking. However, for these proceedings to continue, the record must be located, and the prosecution must take full responsibility for ensuring its retrieval. Once it has been found, they must notify us,” said Adv Teele.
Magistrate Nthunya then postponed the matter, instructing the prosecution to inform the defence once the record has been recovered.
“The record is not available and is still being searched for. You will not be required to appear on the next remand date of 7 April 2025. The Crown must locate the docket, and once found, they must notify the defence, who will then inform their clients once trial dates have been set,” ordered Magistrate Nthunya.
DCEO spokesperson, ‘Matlhokomelo Senoko, explained to this publication thereafter that Adv Motelle was absent due to health reasons.
“Adv Motelle is unwell today and had to visit her doctor,” said Ms Senoko.
For his part, Mr Monokoane refrained from commenting extensively, stating that he was awaiting legal advice.
“I think we can all see what is happening here, but for now, I am waiting for advice from my lawyers. Only then will I determine the way forward. However, it is surprising that the DCEO is absent and, at the same time, the docket has suddenly gone missing,” said Mr Monokoane.
