Moorosi Tsiane
A high-profile forensic testimony has dealt a significant blow to the defence in the long, drawn-out trial of nine soldiers accused of murdering former Lesotho Defence Force (LDF) commander, Lieutenant General (Lt-Gen) Maaparankoe Mahao.
A South African Police Service (SAPS) ballistic expert, Lieutenant Colonel (Lt-Col) Christine Mangena, told presiding Judge Charles Hungwe this week that forensic evidence showed Lt-Gen Mahao was seated behind the steering wheel of his vehicle, with both hands on the wheel, when he was fatally shot.
Lt-Col Mangena’s services were enlisted by the government at the behest of the Southern African Development Community (SADC) after Lt-Gen Mahao’s murder due to his decades of experience in forensic ballistics, firearms and shooting reconstruction consulting.
His evidence directly contradicted the defence’s long-standing claim that Lt-Gen Mahao was resisting arrest and had pointed a firearm at the late Colonel Tefo Hashatsi, prompting the soldiers to open fire in self-defence.
Lt-Gen Mahao was gunned down on 25 June 2015 in Ha Lekete, Mokema, in what the military at the time described as an attempt to suppress Lt-Gen Mahao who was alleged to have resisted arrest. He was one of the suspected mutinous soldiers.
However, Lt-Col Mangena’s expert findings have cast serious doubt on that version.
He told the court that Lt-Gen Mahao had been shot at close range with both an AK-47 and a Galil rifle while seated in the driver’s seat.
“According to my findings, the deceased was shot three times. The first bullet struck the upper arm and re-entered the torso. The second entered just under the bicep and re-entered through the chest. The third entered the lower arm and passed through to hit the other side of the car,” said Lt-Col Mangena.
“The first wound also shows that the vehicle’s windows were closed at the time, as shattered glass left small tattoo-like abrasions near the bullet wound. Given the trajectory and nature of these injuries, it is not possible that he was pointing a gun at someone. The wounds indicate both hands were on the steering wheel.”
Lt-Col Mangena used a photo album during his testimony to demonstrate the nature and positioning of the wounds. He also submitted as exhibits: an AK-47 bullet jacket fragment and bullet core, a fired cartridge case from a Galil rifle, and a fired cartridge case from an AK-47.
He added that spent cartridges from both rifles were recovered at the scene in Ha Lekete.
However, his testimony came under scrutiny during cross-examination as defence lawyers sought to poke holes in it. Advocate Napo Mafaesa questioned how the bullet that struck the passenger side of the vehicle could have missed the two other alleged occupants.
He further suggested that the two individuals may not have been in the car when the shooting occurred.
In response, Lt-Col Mangena acknowledged that possibility but said it was also possible the passengers were seated upright and simply not struck. He maintained, however, that based on the bullet trajectory and entry points, Lt-Gen Mahao could not have been pointing a firearm, as the right arm injury did not align with such a position.
Lt-Col Mangena concluded his testimony yesterday morning by leading an inspection of Lt-Gen Mahao’s truck which had been brought to the High Court premises. He also conducted a practical demonstration to support his evidence, showing how it would have been impossible for the deceased to have pointed a gun at his assailants.
Former LDF commander Tlali Kamoli is standing trial alongside Captain Haleeo Makara, Sergeant Lekhooa Moepi, Captain Litekanyo Nyakane, Sergeant Motsamai Fako, Corporal Marasi ’Moleli, Corporal Motšoane Machai, Corporal Mohlalefi Seitlheko, and Corporal Tšitso Ramoholi.
They are also facing charges of the attempted murder of Lt-Gen Mahao’s nephews, Mahao Mahao and Mabilikoe Leuta, who were passengers in the vehicle at the time of the shooting.
Additionally, they are accused of malicious damage to property for allegedly firing at Lt-Gen Mahao’s vehicle with automatic rifles.
Kamoli is further charged with the theft of Lt-Gen Mahao’s 9mm pistol and Samsung Galaxy mobile phone.
The trial continues.
