…as defence lawyers fail to show up
Moorosi Tsiane
THE long-running trial of five soldiers accused of orchestrating the 2014 bomb attacks on the homes of former First Lady ‘Maesaiah Thabane and former Police Commissioner Khothatso Tšooana was thrown into disarray on Monday after four defence lawyers failed to appear in court, forcing yet another postponement.
High Court Acting Judge Charles Hungwe adjourned proceedings after only one of the five defence counsel turned up, just weeks after ruling that the accused had a case to answer and ordering them to open their defence.
The matter had been scheduled to continue on Monday, with the defence expected to begin presenting its case following Justice Hungwe’s dismissal last month of the accused’s application for discharge at the close of the Crown’s case.
However, when proceedings began, only Advocate (Adv) Kabelo Letuka, representing Pitso Ramoepana, was present.
Absent were Adv Letuka Molati, who represents former army commander Tlali Kamoli, Adv Karabo Mohau KC for Litekanyo Nyakane, Adv Napo Mafaesa for Mohlalefi Seitlheko and Adv Rasekoai Thoahlane for Malefane Heqoa.
Explaining the situation, Adv Letuka told the court there appeared to have been confusion over when the matter would resume.
“My Lord, I just want to put it on record that in chambers when we appeared before you, it was mentioned that the directive was that the court would call the matter last week Thursday so that it could properly be set down and that was not done.
“I gathered in my discussion with Nyakane that they were only informed by the correctional service officials that the new dates have been communicated. As things stand, I am not even prepared to appear before the court because I was preparing to appear before another court because I was informed by someone in the gallery that the matter would be called today, so I had to rush to make an appearance.”
Justice Hungwe was unconvinced, saying the repeated absence of defence counsel suggested a reluctance to proceed with the trial.
“There looks like there is reluctance from defence lawyers that the matter continues and hence they are not here today. No confirmation was required. If I order that we proceed, that is sufficient.”
The judge then questioned each accused about the whereabouts of their legal representatives.
Kamoli told the court that Adv Molati had informed him he would be travelling to South Africa this week to undergo surgery.
Nyakane and Seitlheko said their lawyers were engaged in other court matters, while Heqoa told the court he had no idea where his lawyer was.
Faced with the absence of most defence counsel, Justice Hungwe postponed the trial to Monday, 27 July 2026, directing that all legal representatives be present.
“What I propose to do is postpone the matter to next week Monday, 27 July 2026. The reason is that Molati is not able to be here because of reasons beyond his control. As for the other lawyers, since they are committed this week, I expect them to be here next week, and Adv Thoahlane as well.”
The latest delay comes barely a month after the accused suffered a significant legal setback when Justice Hungwe rejected their bid to be acquitted without presenting a defence.
In a strongly worded ruling, the judge found that the prosecution had presented sufficient evidence capable of sustaining convictions against Kamoli and his co-accused over the simultaneous bomb attacks carried out on 27 January 2014.
The attacks targeted the homes of former First Lady ‘Maesaiah Thabane and former Police Commissioner Khothatso Tšooana, sending shockwaves across the country.
Justice Hungwe ruled that Kamoli, Ramoepana, Nyakane, Seitlheko and Heqoa must answer the charges against them.
The five soldiers had applied for discharge at the close of the Crown’s case, arguing that prosecutors had failed to establish a prima facie case linking them to the bombings.
Justice Hungwe dismissed the application, holding that the prosecution had presented evidence upon which a properly directed court could reasonably convict the accused if it accepted that evidence.
The ruling paved the way for the defence case to begin — a process that has now been delayed once again following Monday’s absence of most of the defence legal team.
