…claims he was charged for refusing to implicate Kamoli
Hopolang Mokhopi
THE High Court has released retired soldier, Colonel Thato Phaila, on bail.
Col Phaila, who is accused of the murder of Sub-Inspector Mokheseng Ramahloko and involvement in the attempted coup of 2014, had spent five months in custody at the Lesotho Correctional Service since his remand on 4 March 2025 by Maseru Senior Resident Magistrate Thamae Thame.
His release was granted this week by High Court’s Justice Fumane Khabo on M3000 bail.
Col Phaila’s bail had initially been opposed by the Crown, but it eventually withdrew its opposition, clearing the way for his release.
Justice Khabo ordered that Col Phaila must not interfere with Crown witnesses, must attend all remands and stand trial to finality, and must report to the Thaba-Tseka Police Station every Friday.
Ironically, Col Phaila was initially a Crown witness in the same high-profile case in which his former army commander, Tlali Kamoli, is the primary accused. However, Col Phaila now finds himself charged with the same crimes, allegedly for being a hostile witness.
In his bail petition, Col Phaila argued that he had been charged because he refused to testify falsely against Kamoli in court.
“…your petitioner submits that the presumption of innocence still operates in his favour. Your petitioner has been cooperative with the law enforcement agencies from the time he was arrested until his remand in custody. Your petitioner did not flee nor attempt to flee.
“There is nothing that your petitioner did to threaten the interests of justice from the time he was informed that he was suspected of murder and treason. The police can confirm this aspect. Your petitioner has not been convicted before, which shows that for the better part of his life, he has been a law-abiding citizen. In fact, this is the first time he appears in court for a civil or criminal matter.”
He also said he had been interviewed numerous times since 2014 in relation to the charges, and had always maintained his innocence.
“Your petitioner was interviewed by the police from 2014 in relation to the current charge and has always been consistent that he has not committed any crime. He was interviewed by three prosecutors under the instructions of the Director of Public Prosecutions, and he has always stuck to his guns that he has not committed any crime.
“Even after the various trials where members of the Lesotho Defence Force (who are still in service) were charged, your petitioner was again interviewed by the Director of Public Prosecutions and other investigating officers, and still maintained that he had nothing to do with the commission of the crime.”
Col Phaila also cited his age and health condition as part of his plea for bail.
“Your petitioner is 67-years-old and he is sick. A person’s sickness is not ordinarily a matter of public record. Your petitioner does not wish to disclose the nature of his sickness publicly.
“Your petitioner avers that his sickness will be disclosed to the court and its officials such as clerks, registrar, and the Crown. In short, your petitioner avers that his sickness is chronic.
“That notwithstanding, he is suspected of having committed a crime more than 10 years ago, in respect of which, he was interviewed more than 20 times in the last 10 years.
“Your petitioner avers that he has never done anything that could defeat the interests of justice or suggest that he cannot stand trial or would interfere with witnesses.
“Your petitioner avers that he does not know who the witnesses are in this matter, except that he was once a witness in this very case, for which he is now being charged for refusing to commit perjury…”
