Moorosi Tsiane
THE five soldiers accused in the 2014 bomb attacks targeting the homes of former First Lady, ‘Maesaiah Thabane, and former Police Commissioner, Khothatso Tšooana, want their charges dropped, arguing that the Crown has failed to link them to the attacks.
The accused — former army commander Tlali Kamoli, Captain Litekanyo Nyakane, Pitso Ramoepana, Mohlalefi Seitlheko and Heqoa Malefane — appeared before Justice Charles Hungwe this week seeking to be discharged without being put to their defence in the high-profile attempted murder and malicious damage to property trial.
The defence teams mounted a spirited attack on the Crown’s case before Justice Hungwe in the High Court, insisting that the prosecution had failed to establish a prima facie case against the accused.
Advocate Letuka Molati, representing Kamoli, argued that none of the witnesses called by the Crown directly implicated his client in orchestrating the bombings.
“My Lord, there is not even an iota of evidence shared by all the witnesses called by the state that says the events of that night were orchestrated by Kamoli,” Adv Molati submitted.
“The Crown has failed to make a case against Kamoli and we are calling on the court to acquit him.”
Adv Karabo Mohau KC, representing Captain Nyakane, said the charges were largely based on the doctrine of common purpose despite the absence of evidence placing his client in meetings where the attacks were allegedly planned.
He argued that Nyakane’s role in military intelligence justified his interest in the movements and locations associated with then prime minister Thomas Thabane.
“This is the place where the prime minister used to visit and there was nothing wrong with my client asking about that place because he was attached to military intelligence,” Adv Mohau said in response to evidence by a witness, Moleleki, who testified that Nyakane had enquired about Maesaiah Thabane’s home days before the attack.
“The evidence does not show that Nyakane gathered this information and handed it over to people who wanted to attack the former First Lady.”
Adv Napo Mafaesa, appearing for Ramoepana and Seitlheko, argued that forcing the accused to defend themselves would violate the presumption of innocence because the Crown had failed to produce sufficient evidence.
“My Lord, the Crown must present evidence showing that the accused are guilty because the law says they must be treated as innocent until proven guilty,” he argued.
“The investigators alleged that Major General Ramanka Mokaloba was part of the plot, but when he came to court he denied ever being part of any meeting.”
Adv Rasekoai Thoahlane, representing Malefane, echoed the same arguments, saying none of the Crown’s 33 witnesses had implicated his client.
“There are a lot of contradictions and it would not be fair to call the accused person into the witness box,” Adv Thoahlane submitted.
But Crown counsel Advocate Rethabile Setlojoane maintained that the prosecution had presented enough evidence for the accused to answer.
“At this stage, the issue is not whether the evidence is credible or not,” Adv Setlojoane argued.
“The question before the court is whether there is a case for the accused to answer. We submit that such a case has indeed been made.”
After hearing arguments from both sides, Judge Hungwe reserved ruling to 29 May 2026.
Background
Earlier testimony by Deputy Commissioner of Police Sera Makharilele exposed alleged political interference in the investigation.
DCP Makharilele told the court that the probe was hampered by lack of cooperation from Kamoli, who allegedly refused to release soldiers suspected of involvement in the attacks.
He further testified that the investigating team was later disbanded during the coalition government led by former prime minister Pakalitha Mosisili before being reassembled after Thomas Thabane returned to power and Kamoli had left the Lesotho Defence Force.
According to DCP Makharilele, efforts to secure the surrender of suspects through Tšooana were frustrated by Kamoli’s command.
During cross-examination, defence lawyers accused investigators of protecting senior military officials and suggested that Major General Ramanka Mokaloba had initially been earmarked for prosecution before being replaced by Kamoli.
DCP Makharilele, however, rejected the claim, saying the decision to turn Mokaloba into an accomplice witness was made jointly with the Director of Public Prosecutions based on available evidence.
“No, he was never substituted with anyone,” DCP Makharilele told the court.
“The evidence led us to Kamoli because of his participation.”
