…as key witnesses disappear
…Crown forced to turn to Interpol to secure South African witnesses
By Moorosi Tsiane
THE long-running trial of double-murder accused, Lefa Mabusane, has suffered another setback after three key witnesses, including his former girlfriend, disappeared and could not be traced by the Crown.
The development forced acting Director of Public Prosecutions (DPP), Advocate (Adv) Lehlanako Mofilikoane, to seek another postponement before Justice Tšeliso Mokoko this week after attempts to locate the witnesses in South Africa proved unsuccessful.
Mabusane is charged with the murders of nurses Mpho Khutsoane and Mathebane Ramatabooe on 11 August 2014 at Ha Mosalla, Thaba-Bosiu. He also faces a charge of robbing Khutsoane of her blue Volkswagen Golf 4.
The two women were Ministry of Health nurses. Ms Khutsoane was employed at the ministry headquarters in Maseru, while Ms Ramatabooe was based at Motebang Hospital in Leribe.
At the time of their deaths, the two nurses were attending a workshop at Mmelesi Lodge in Thaba-Bosiu.
Mabusane was initially charged alongside Setsokotsane Majalle, who was later acquitted and subsequently turned state witness.
The latest setback came on Monday when Adv Mofilikoane told Justice Mokoko that the Crown could no longer locate three witnesses it intended to call.
She said she became concerned on Friday last week when she attempted to contact the witnesses on a mobile phone number she had routinely used to communicate with them, only to discover that the number was no longer going through.
One of the missing witnesses is Mabusane’s former girlfriend.
Adv Mofilikoane asked the court to allow the investigating officer to travel to Bloemfontein, South Africa, to locate the witnesses.
Justice Mokoko granted the request and postponed the matter to Wednesday to allow the investigating officer to make the trip.
But when the matter resumed yesterday (Wednesday), the Crown reported another setback.
Adv Mofilikoane said the investigating officer had travelled to Bloemfontein and met with the officer commanding the police stations in the area where the witnesses reside.
The South African police officer, however, advised that the witnesses could not be secured through the local police and that Lesotho authorities would have to use Interpol channels.
“My Lord, the investigating officer yesterday (Tuesday) proceeded to look or to fetch those witnesses. But upon his return in the evening, he informed me that they met with the officer commanding the police stations in the area where the witnesses are residing who informed them that they would not be assisted until they go through the Interpol channel,” Adv Mofilikoane told the court.
She therefore asked for another postponement to allow the Crown to make the necessary Interpol request.
Adv Mofilikoane said the Crown had not anticipated difficulties in securing the witnesses because they had previously cooperated with the prosecution.
She added that the Crown had the witnesses’ statements on file and that the witnesses had acknowledged receipt of subpoenas and confirmed that they would attend court.
“So it’s only the police who are saying that we should follow the Interpol channel. So if we could be given three to four weeks, my Lord, we would be able to secure their attendance,” she said.
The application was strongly opposed by Adv Lepeli Molapo, who represents Mabusane.
Adv Molapo argued that the Crown had had sufficient time to secure the witnesses since the matter was last before court on 12 June 2026.
He argued that the Crown could not use the disappearance of the witnesses as an excuse after three months had elapsed since the previous court appearance.
“From the 12th June, it cannot be an excuse that three months later, the Crown now comes before this court to say witnesses are not before court. And now they wish to engage in certain procedure,” Adv Molapo said.
He argued that the necessary procedures should have been initiated during the three-month period.
“Those procedures, My Lord, should have been done within the three months of the postponement,” he said.
Adv Molapo further questioned whether the witnesses had been properly subpoenaed through the appropriate channels and submitted that the circumstances suggested the Crown had failed to act with sufficient diligence in securing their attendance.
The defence also raised concerns over the continuing delay in concluding the matter.
“If this matter is postponed, definitely, the first thing, your Lordship, we do not have days in this year. It’s very difficult for the defence to secure days,” Adv Molapo said.
He warned that another postponement could push the trial into 2027, which he argued would prejudice his client.
“He needs to have this matter finalized and know his fate. And if he’s convicted, start serving a sentence on time.”
Adv Molapo also pointed to the age of the case, saying the matter dated back to 2016.
“This is a 2016 matter. And if the Crown had acted with due diligence and prosecuted this matter timelessly, he would be halfway into his sentence now, if convicted,” he argued.
Justice Mokoko, however, granted the Crown’s application, finding that the interests of justice favoured allowing the prosecution more time to secure the witnesses.
“Having looked at the interest of justice, especially considering the reasons that have been advanced by the Crown in this matter, the court is of the view that the non-availability of the Crown witnesses in this matter was not anticipated by the Crown,” Justice Mokoko said.
He said the Crown had been under the impression that the witnesses would remain available as the trial progressed.
Justice Mokoko said refusing the Crown’s request would undermine the interests of justice.
“Nevertheless, it may be the most important consideration in the interest of justice, and this court feels that in the event that the court does not grant the indulgence requested by the Crown, that will be against the interest of justice in this matter.
“And the court has further considered that the accused in this matter is out on bail, such that there is not such a grave prejudice for him when the matter is postponed.
“Shortly, I may say that the interest of justice in this matter outweighs the prejudice that the accused has to suffer if the matter will not be postponed,” Justice Mokoko said.
The trial was consequently postponed to 1 December 2026 to allow the Crown to pursue the Interpol process and secure the attendance of the three witnesses.
Background
Justice Mokoko granted Mabusane bail in the murder case in June 2024. However, he remains in custody in relation to another case before the Maseru Magistrates Court where he faces charges arising from the alleged assault of Mpho Matholi at Ha Tsolo on 14 April 2024. The prosecution alleges that he struck the complainant with a blunt object before strangling her.
The prosecution was shocked in July this year to learn that Mabusane was not in Lesotho Correctional Service custody, with presiding Magistrate Lerato Ntelane also expressing shock because she had never granted him bail. She subsequently ordered his immediate incarceration.
Mabusane first became a wanted man in 2014 after fleeing to South Africa following the murders of Khutsoane and Ramatabooe on 11 August that year.
Police investigators at the time described the murder scene as one of the most gruesome they had encountered. The two women were found with severe head injuries and crushed skulls, while a blood-stained rock believed to have been used in the killings was recovered at the scene.
The DPP’s office sought Mabusane’s extradition from South Africa in 2014, but authorities there informed them that he had been convicted of another offence and was serving a 10-year prison sentence.
Prosecutors only became aware that he had returned to Lesotho after he was arrested in 2024 in connection with the Ha Tsolo assault case and a separate rape case in the same area for which he is yet to stand trial.
