Moorosi Tsiane
FIVE soldiers facing charges in relation to the 25 June 2015 murder of former Lesotho Defence Force (LDF) commander, Maaparankoe Mahao, have expressed frustration over the absence of the judge presiding over their trial.
Zimbabwean judge, Justice Charles Hungwe, is presiding over the trial and was not in the High Court on Monday when the case was supposed to proceed.
Justice Hungwe last presided over the matter on 21 August 2023, when Advocates Rethabile Setlojoane and Lehlohonolo Phooko, were appointed the new prosecutors of the case.
The learned judge then postponed the matter to 18 September 2023.
However, Justice Tśeliso Mokoko stood in for the absent Justice Hungwe and postponed the case to next Tuesday when the Zimbabwean judge is expected to be present.
But this postponement did not go down well with the accused, namely Sergeant Motsamai Fako, Corporal Marasi ‘Moleli, Corporal Motšoane Machai, Corporal Mohlalefi Seitlheko and Corporal Tšitso Ramoholi, who have been languishing in prison since their 2017 arrest and detention.
The accused’s lawyer, Advocate Napo Mafaesa, told the court his clients demanded an explanation as to why Justice Hungwe was not present to proceed with their case.
“My Lord, the instruction from my clients is that they are not happy and therefore need to know the whereabouts of the judge and why he is not at work. My clients have been incarcerated for over six years now and that is tampering with their right to a speedy trial, and they have been denied bail. We feel like the court should tell us where judge Hungwe is and why we are not proceeding,” submitted Adv Mafaesa.
He then asked to see Justice Mokoko in his chambers after the court’s adjournment.
Adv Mafaesa also asked if the prosecutors would be ready to proceed with the trial on 26 September 2023, as they had indicated on 21 August that they were yet to familiarise themselves with the case.
Adv Setlojoane’s response was they were still waiting for the Registrar of the High Court, Adv ‘Mathato Sekoai, to provide them with the recordings of evidence which had already been led by the previous prosecutors, Advocates Shaun Abrahams and Motene Rafoneke, who withdrew from the trial in June this year.
“The formal letter was written despite several phone calls to the Registrar on 24 August; the Registrar responded through a savingram dated 29 August in terms of which she requested the office of the Director of Public Prosecutions to transmit an external hard drive for that purpose. My Lord, such an external drive was provided on 5 September and we have since been waiting up until now. Despite several communications, we have not received a disc with that evidence. In other words, the records have not been availed to us. We will keep on following up on that issue, and that is the position,” said Adv Setlojoane.
The defence’s lawyers then said it was clear the Crown was not ready to prosecute the case. One of the lawyers, Adv Kabelo Letuka, then asked the indulgence of the court to consult with their clients and take instructions on the way forward.
“We now know that the Crown won’t be in a position to proceed with the matter next week. We will take instructions from our clients. We ask My Lord that we be given an indulgence to use the courtroom just for an hour to consult with our clients,” said Adv Letuka.
Another defence lawyer, Attorney Qhalehang Letsika, asked the court to order Lesotho Correctional Service officers to allow another accused soldier, Captain Litekanyo Nyakane, to see a doctor.
“I have just received instruction from the first accused (Nyakane) that he has a medical condition that requires he attends therapy; apparently, there have been challenges. May we request that an order be made against the correctional facility to ensure that he is taken there so that he can be attended to,” submitted Mr Letsika.
Justice Mokoko then postponed the matter to 26 September and also made an order that defence lawyers be allowed to consult with their clients for an hour, inside the courtroom. He further ordered that Capt Nyakane be taken to a doctor at Makoanyane Military Hospital.
The quintet of Ramoholi, Fako, Moleli, Machai and Seitlheko are charged alongside former Lesotho Defence Force commander Tlali Kamoli, Capt Haleeo Makara, Sergeant Lekhooa Moepi and Captain Litekanyo Nyakane.
Lt-Gen Kamoli is represented by Adv Letuka Molati; Adv Silas Ratau represents Capt Nyakane and Makara; Attorney Qhalehang Letsika represents Sgt Moepi, while Adv Kabelo Letuka represents Corporal Ramoholi.
The nine are accused of murdering Lieutenant-General Mahao on 25 June 2015 in
Mokema, Maseru. They are also accused of the attempted murder of Lt-Gen Mahao’s nephews, Mahao Mahao and Mabilikoe Leuta, by shooting inside a vehicle in which they were passengers.
They are also accused of damaging Lt-Gen Mahao’s vehicle by firing at it with an automatic rifle.
Lt-Gen Kamoli is also accused of the theft of Lt-Gen Mahao’s 9mm pistol and Samsung Galaxy mobile phone.
