Moorosi Tsiane
THE Director of Public Prosecutions (DPP), Hlalefang Motinyane, has pleaded with the High Court for time to sort out “logistical” issues over her prosecution of high-profile cases which were plunged into crisis last week after the withdrawal of prominent prosecutors Shaun Abrahams and Motene Rafoneke.
DPP Motinyane made her plea yesterday before Justice Charles Hungwe who is presiding over some of the high-profile trials including the one of four police officers accused of the March 2016 murder of their colleague Police Constable Mokalekale Khetheng.
The trial had been set down to proceed from Monday until 21 July 2023 but that failed to materialise after the withdrawal of Advocates Abrahams and Rafoneke. The two cited what they described as the “unprofessional conduct” of the DPP for their withdrawal. They had fallen out with DPP Motinyane over the latter’s failure to address their longstanding grievances, they said. These grievances were not limited to the perennial issue of non-payment of their fees. They involved other issues which they did not disclose in detail.
They say their repeated attempts to engage DPP Motinyane to address their grievances had failed, leaving them with no option but to quit.
They claimed their relationship with DPP Motinyane was now beyond repair. They were therefor quitting “for good” from the five high profile cases they had been handling. Their decision would be a severe blow to the prosecutions of these cases which Adv Abrahams had been involved with since 2018. He had already invested a lot of time and energy in preparing for the cases. Any new prosecutor would not be able to timeously assume the same level of preparation as Adv Abrahams to continue with the trials, potentially prejudicing the state and victims who want to see justice done.
However, DPP Motinyane came in person yesterday to seek the postponement of the four police officers’ trial for her to sought her issues out. She and the defence lawyers – Karabo Mohau and Zwelakhe Mda, both King’s Counsels (KCs), went into Justice Hungwe’s chambers before returning to the open court to seek the postponement.
It is not known what she said in the judge’s chambers. In the open court she only asked for time to “sought logistical issues”.
“My Lord, we had time to discuss this with the defence counsels and I propose this matter be postponed to next week Wednesday for logistical purposes then we will come back to give feedback,” submitted DPP Motinyane.
Adv Mohau KC confirmed to the court that they had agreed on the postponement and Adv Mda KC concurred.
“Although we were ready to continue, we are constrained to concede to postpone on the grounds that the DPP has shared with us,” said Adv Mohau KC.
Judge Hungwe then postponed the matter to 5 July 2023.
It remains unclear whether she intends to talk to Advocates Abrahams and Rafoneke to coax them into rescinding their decision to “quit for good”. The duo had appeared adamant they would not return this time round. They have quit their jobs on several occassions before only to return after getting part payments.
Senior Superintendent Thabo Tšukulu, who is the former Hlotse Police Station Commander, is charged alongside Superintendent Mathibeli Mofolo, Inspector Mabitle Matona and Sub-Inspector Haleokoe Taasoane for PC Khetheng’s murder.
SSP Tšukulu is represented by Adv Mohau KC with Adv Mda KC representing the trio of Sup Mofolo, Insp Matona and PC Taasoane.
This trial, which opened in 2021 but was last heard in April 2023, was set to proceed with Advocates Mohau and Mda expected to cross examine Senior Assistant Commissioner of Police (SACP), Tšeliso Moerane, who testified in April.
SACP Moerane had testified that the fugitive former Police Commissioner, Molahlehi Letsoepa, had ordered the assassination of PC Khetheng.
PC Khetheng was last seen alive while being arrested by his colleagues at a traditional feast in Sebothoane, Leribe, on 25 March 2016.
PC Khetheng had been arrested and charged on allegations that he torched the house of his superior in Mokhotlong district where he was deployed.
SSP Tsukulu had at the time argued that PC Khetheng had left the Hlotse Police Station without permission, and they did not know his whereabouts. For its part, the Khetheng family argued that the police should know where he was because they had arrested him.
He was allegedly last seen in the company of Inspector Mofolo at Hlotse Police Station after being arrested and brought to the police station by PC Tumelo Ntoane, PC ‘Mabohlokoa Makotoko and PC Khothatso Mphutlane.
Othe cases that Advocates Abrahams and Rafoneke are prosecuting include the treason trial against former army commander Tlali Kamoli and his accomplices over the 2014 attempted coup and the trial of 10 soldiers accused of murdering three civilians and throwing them into Mohale Dam. The other case involves the murder of former arny commander Maaparankoe Mahao and the bombings of the houses of former police commissioner Khothatso Tšooana and former First Lady Liabiloe Thabane.
