—threatens to withdraw from high profile case unless it’s cancelled
Staff Reporter
FORMER Principal Secretary (PS) Colonel Tanki Mothae (Retired) is furious over a warrant of arrest issued against him for contempt over his “failure” to appear in court as a Crown witness in a high-profile treason and murder case involving prominent politicians and former soldiers (see main story above).
Justice ‘Maliepollo Makhetha issued the warrant on Monday after she was told that Col Mothae had “wilfully absconded” despite “knowing” that he had to take the stand.
“The witness (Mothae) knew that we were proceeding today because he was here when we adjourned to today,” submitted Adv Kabelo Letuka who represents one of the soldiers, Capt Litekanyo Nyakane, suggesting that Col Mothae had “wilfully absconded”.
Judge Makhetha then issued the warrant for Col Mothae’s arrest for contempt of court.
Col Mothae is however deeply angered by the development.
He told the Lesotho Times from Zambia yesterday that he did not know that the case was proceeding this week as the DPP’s office had not alerted him to that fact.
He also blasted Adv Letuka for “lying” to the court.
“I am an international civil servant who has worked in various jurisdictions in senior positions and I take great exception to how my character is being impugned,” said Col Mothae.
“I only received a call from a lawyer (Rafoneke) from the DPP’s office on Sunday informing me that the case was due to resume the next day (Monday). I was already in Zambia attending to my family matters and there was no way I could have made it to Lesotho in light of that very short notice.
“It is also a huge lie that I knew that the case was proceeding as alleged by Letuka. I was not there on the actual day the case was postponed.
“I had appeared in court the previous day and was excused and told I would be called if required. The same defence lawyers had attacked my evidence saying it was ‘irrelevant’ to the issues being tried.
“I was told I will be called if needed and that was that. No one ever communicated to me again. Now I hear that a warrant has been issued for my arrest. That is grossly unfair.
“I opted to be a witness voluntarily to help the court adjudicate the issues before it. I was not forced by anyone to be a witness. I cannot now renege on my own undertaking which I made voluntarily by failing to appear in court.
“It is the duty of the DPP’s office to mobilise witnesses for any case and inform them in advance of their scheduled court appearances. It did not happen with me in this case. If I had known of the date, I would have duly complied.”
Col Mothae has since demanded that the DPP’s office tells the court the truth and have the warrant cancelled, failing which he will consider exercising his right to withdraw from the case completely.
“It’s not a crime to volunteer to be a witness…But now the impression is being created that I am the criminal under trial due to the incompetence of others. It’s grossly unfair,” he said.
When news broke out that the warrant had been issued against Col Mothae for contempt, he immediately fired a salvo at DPP Motinyane.
“Good morning Mme DPP. I have been receiving messages from a number of people about the matter that I wasn’t aware of. Can you please advise me on what’s going on….
“Mr Rafoneke called me on Sunday morning and in return I sent him a text message advising him that I am not in the country. However, I have since learned that he said I was advised about the proceedings and I decided to go away.
“If that is true, I request that your office should withdraw such a statement because it is not true. I am very concerned about the manner in which this matter is being dealt with. I am now seen as a criminal whereas I am merely assisting the State……
“Mme I am very careful not to tarnish my reputation and integrity in any way. Please find a way to get the statement or court order rescinded. If that is not resolved, I will have no option but to withdraw my participation in the proceedings. Kind Regards, Tanki Mothae,” Col Mothae wrote in a message to the DPP.
It remains to be seen if the DPP will honour the request to have the warrant rescinded or risk losing Col Mothae as a witness.
Col Mothae served in the Lesotho Defence Force (LDF) from 1980 to 2003 when he retired. In 2006 he joined the Southern African Development Community (SADC) as the director of the regional body’s powerful Organ on Politics, Defence and Security Cooperation where he worked for eight years.
He served as principal secretary (PS) in different government ministries in Lesotho from 2017 until last year when he retired as PS for Police.
