Kabelo Masoabi
THE High Court has issued a warrant of apprehension for a Mokhotlong man, Moeling Koti Mailana, who is accused of murder, after he failed to appear before the court this week.
The warrant follows ongoing discussions around a proposed restorative justice settlement between Mailana and the family of the deceased, Thabiso Mosiuoa.
Acting Judge ‘Manapo Motebele ordered the warrant on Tuesday after Mailana failed to appear in court as scheduled and could not be reached.
A warrant of apprehension authorises police to locate, arrest and bring a person before the court to answer to a criminal charge or allegations of contempt of court.
The development came a day after both the Crown and defence counsel informed the court that they had reached what they believed to be a restorative justice agreement between Mailana and the Mosiuoa family.
The proposal had been presented to the court for consideration as part of efforts to resolve the matter through customary reconciliation.
According to the prosecution, mediation sessions facilitated by both the Crown and defence lawyers resulted in Mailana agreeing to compensate Mosiuoa’s family with 10 head of cattle.
The agreement further provided that the livestock could be substituted with a monetary payment calculated at M9000 per cow, bringing the total compensation to M90,000.
However, when the matter resumed before the court last week, Mailana — who was represented by Advocate Qhothelo — failed to appear, prompting concern from both the court and the prosecution. Efforts to contact him proved unsuccessful, leading the presiding judge to issue a warrant for his arrest.
Mailana is facing a murder charge stemming from the fatal stabbing of Mosiuoa in 2021 at Ha Chopo in Mokhotlong.
The incident reportedly occurred during a club or cooperative fundraising gathering, commonly known as a stokvel, where community members had gathered and were consuming alcohol.
Evidence presented in court indicates that Mosiuoa, who had been temporarily working in the village constructing a house, approached a woman selling beer at the event and handed her a M100 banknote to obtain change.
The clerk allegedly failed to find loose change and returned the note. However, it was later alleged that Mailana quietly picked up the banknote and concealed it without Mosiuoa’s knowledge.
When Mosiuoa demanded his money, the clerk informed him that she had already returned the M100 note to him.
The misunderstanding quickly escalated into an argument, with Mailana becoming the primary suspect in the disappearance of the money.
During the confrontation, Mailana allegedly told Mosiuoa that he was not from the area and therefore had no right to challenge him. The altercation soon turned physical, resulting in a fight between the two men.
Prosecution evidence states that Mailana then produced a knife and stabbed Mosiuoa, inflicting injuries that led to his death.
Following the stabbing, those present at the gathering reportedly searched everyone at the scene in an attempt to locate the missing money. The M100 note was eventually discovered hidden beneath a beer crate where Mailana had been seated.
During mediation discussions leading up to the proposed restorative justice arrangement, Mailana reportedly told legal representatives that he owned several cattle and numerous sheep, indicating that compensating Mosiuoa’s family with 10 cattle would not pose a difficulty.
With Mailana now missing, the court has ordered that he be apprehended and brought before it to continue with the murder trial.
