…as the accused begin to testify
Moorosi Tsiane
CAPTAIN Litekanyo Nyakane has rejected claims that former army commander, Lieutenant General (Lt-Gen) Maaparankoe Mahao, was dragged face-down along a tarred road or thrown into the cabin of a van following his fatal shooting.
Testifying as the first defence witness in the High Court, Nyakane insisted that he personally opened the vehicle door for Lt-Gen Mahao to be placed in the rear seat of a van as efforts were made to rush him to hospital.
“It is not true that he was dragged by his face on the tar road and also (that) he was not thrown into the cabin of the van because I am the one who opened the door for him to be put on the rear seat of the van,” Nyakane told trial judge Justice Charles Hungwe.
Nyakane is one of nine soldiers charged in connection with the June 2015 killing of Lt-Gen Mahao.
His testimony marked the start of the defence case after the court late last year dismissed the accused’s application for discharge, allowing the long-running trial to proceed to its decisive phase.
Appearing before the court, Nyakane further maintained that he did not witness Lt-Gen Mahao being shot, insisting that when gunfire erupted he was still inside his vehicle. He repeatedly stressed that the soldiers involved were acting under orders from their superiors.
Led in his evidence by Advocate Silase Ratau, Nyakane recounted that sometime in June 2015 he was instructed to report to the Military Intelligence office at Ratjomose Barracks.
Upon arrival, he found the late Colonel Tefo Hashatsi and several other soldiers. At the time, he was serving in the Special Forces unit under Brigadier Ramanka Mokaloba, now a Major General, still serving in the army.
“The following day I reported to Military Intelligence as per the order and upon arrival I found Captain Tefo Hashatsi and a handful of other soldiers,” Nyakane testified.
According to his evidence, Hashatsi informed them that then army commander Major General Khoantle Motšomotšo had received intelligence suggesting that certain soldiers and officers were plotting a mutiny and had ordered their arrest.
Nyakane said Hashatsi divided the soldiers into four teams, assigning one to surveillance duties and others to effect arrests, including that of Lt-Gen Mahao.
He told the court that the surveillance team was deployed first, while teams two and three remained at the Ministry of Defence. Team one, which included Nyakane, Hashatsi and Private Tšitso Ramoholi, was dispatched to Makoanyane.
“Upon our arrival it was around 11.00am. Captain Hashatsi went into his office and we remained in the car with Private Ramoholi,” Nyakane said.
At around 13:00 hours, Hashatsi returned and instructed them to proceed to Mokema to arrest Lt-Gen Mahao. Nyakane testified that Hashatsi contacted Sergeant Haleeo Makara, instructing his team to use the Ha Mantšebo route while they travelled via Ha Leqele.
“He was consistently on the phone,” Nyakane said, adding that as they approached Mahlabatheng, Hashatsi informed them that Lt-Gen Mahao was approaching the tarred road in his half-truck.
As they neared Ha Lekete village, Nyakane said they encountered Lt-Gen Mahao’s vehicle, which was carrying two passengers. Shortly thereafter, they met Makara’s team travelling in two vehicles. Using the radio, Hashatsi alerted them that the truck ahead belonged to Lt-Gen Mahao.
“I also took a U-turn and followed the two teams which were travelling in two vehicles.”
He said Hashatsi then ordered Makara to speed up and flick his vehicle’s lights to force the truck to stop. When this failed, Nyakane was instructed to overtake the convoy and block the truck’s path.
“When we got alongside the truck, Captain Hashatsi waved at it trying to stop it, but it was still not stopping. He then ordered that I overtake it and block its way, which I did,” Nyakane told the court.
Nyakane testified that after pulling the handbrake in front of the truck, Hashatsi exited the vehicle, fired a shot into the air and shouted that Lt-Gen Mahao should get out as they were there to arrest him.
“After a short while, still trying to park the car, I heard two gun shots coming from the back and I heard Captain Hashatsi shouting that the shooting should stop,” he said.
Nyakane told the court it was only then that he realised something serious had occurred.
He parked the car, exited with his firearm and observed other soldiers standing on the passenger side of Lt-Gen Mahao’s truck. He also noticed two people emerging from nearby fields with their hands raised.
According to Nyakane, Hashatsi instructed Makara to rush Lt-Gen Mahao to hospital using their vehicle.
“I also ordered Private Ramoholi to move the car I was driving forward and I went to Sgt Makara’s car to get it closer to the truck where Brigadier Mahao was lying and still inside the car,” he said, adding that at that stage he could not tell whether Lt-Gen Mahao was injured.
Nyakane further testified that later that day, after returning to Ratjomose Barracks, they learnt that Lt-Gen Mahao had died.
The soldiers were then instructed to write reports detailing the events.
Nyakane is jointly charged with former Lesotho Defence Force commander Lieutenant General Tlali Kamoli, Captain Haleeo Makara (then a sergeant), Sergeant Lekhooa Moepi, Sergeant Motsamai Fako, Corporal Marasi ’Moleli, Corporal Motšoane Machai, Corporal Mohlalefi Seitlheko and Corporal Tšitso Ramoholi.
The accused also face charges of attempted murder relating to Lt-Gen Mahao’s nephews, Mahao Mahao and Mabilikoe Leuta, who were passengers in the vehicle at the time of the shooting, as well as malicious damage to property for allegedly firing automatic rifles at Mahao’s vehicle.
Kamoli faces additional charges of stealing Lt-Gen Mahao’s 9mm pistol and a Samsung Galaxy mobile phone.
The trial continues, with Nyakane expected to remain on the stand as he continues his testimony.
