…as defence lawyers accuse judge of bulldozing them
Moorosi Tsiane
TEMPERS flared in the High Court this week after defence lawyers in the high-profile trial involving the murder of Police Constable Mokalekale Khetheng accused Judge Charles Hungwe of trampling upon their rights to a fair trial by “pressuring” them to proceed without crucial police records they say could make or break their case.
The allegation came from Advocate Karabo Mohau KC, representing former Hlotse Police Station commander, Senior Superintendent Thabo Tšukulu.
Adv Mohau made the claim on Tuesday after Justice Hungwe insisted that the defence continue presenting evidence — despite repeated requests for key occurrence books, originally presented in court by Crown witness Police Constable Posholi in 2022.
“My Lord, we have asked the Crown to avail the 2016 Hlotse Police Station occurrence books because they form a pivotal part of my client’s defence. We cannot proceed without those books, or before the Crown confirms on record that they are unavailable. These documents were presented in evidence before this court by Posholi as the seventh Crown witness in 2022,” Adv Mohau said.
Crown counsel, Adv Nthabiseng Nkoe, denied any agreement to confirm the books’ availability on record, saying efforts were only to be made to locate them.
“It was never agreed that I would put anything on record. It was agreed Inspector Lethoko would try to locate the books. Some could also be requested directly from the Commissioner of Police,” Adv Nkoe explained.
Justice Hungwe ordered Adv Mohau to proceed with defence witnesses, stating the issue of the occurrence books would be resolved outside court.
“We can’t keep postponing this case for the same reason. This matter was discussed at length before, and I thought both parties agreed to resolve it outside of court. You now need to continue leading your evidence,” the Judge said.
Adv Mohau voiced concern over being “pressured” to proceed without proper preparation.
“My Lord, we are now being bulldozed into the witness box without proper preparation. That is not acceptable. It’s very convenient that these books were available when Posholi gave evidence in 2022, yet now, when we need them, they are suddenly unavailable.”
Following a brief adjournment to await Inspector Lethoko, five occurrence books and one cell register from 2017 were handed over to the defence, though Adv Mohau noted they were not the requested 2016 documents. Adv Nkoe confirmed these were the only occurrence books currently in their possession.
Defence proceedings then resumed, with Lance Sergeant Mathu Moeno, SSP Tšukulu’s driver, being called as the second witness.
“We will proceed now that we have cleared the air. However, we register our strongest concern that these documents, which were previously available, are now suddenly not there,” Adv Mohau said.
The other defence witness was Senior Superintendent Malichaba Talasi. SSP Tšukulu himself was later called as the third witness but could not continue yesterday, as the matter was postponed to 4 November 2025 after another defence lawyer, Adv Zwelakhe Mda KC, was reported ill.
SSP Tšukulu is charged alongside Sub-Inspector Haleokoe Taasoane, Inspector Mathibeli Mofolo, and Sub-Inspector Mabitle Matona with the March 2016 murder of PC Khetheng and the subsequent dumping of his body at Ha Setho, on the outskirts of Maseru.
