…accuses prosecution of lying to secure death sentence
Moorosi Tsiane
PROMINENT lawyer, Advocate Letuka Molati, has accused the prosecution of using false evidence in a bid to secure a death sentence against his client, former army commander Lieutenant General Tlali Kamoli, in the ongoing trial over the murder of former LDF Commander, Lieutenant General Maaparankoe Mahao.
Adv Molati made the accusations yesterday during his cross-examination of Lance Corporal (L/Cpl) Ntai Mosaku, who was Lt-Gen Mahao’s driver at the time of his death.
L/Cpl Mosaku, the 34th state witness, had begun testifying last week, but his evidence was paused to allow forensic expert, South African Police Service (SAPS) Lieutenant Colonel Christene Mangena, to take the stand on Monday (see story on page..).
According to Adv Molati, the prosecution, led by former prosecutor Advocate Shaun Abrahams, intends to rely on 10 witnesses, both military and civilian, to prove that Kamoli orchestrated Lt-Gen Mahao’s killing.
“The prosecution has submitted their Exhibit A, which alleges that Kamoli planned Mahao’s death and, if found guilty, he must be sentenced to death. This, they are going to prove using 10 witnesses — both members of the LDF and civilians,” said Adv Molati.
He dismissed the claims as fabrications, denying that Kamoli had any involvement with the LDF members who were investigating the alleged mutiny within the army.
“The prosecution is alleging that Kamoli used to command the army even when he was no longer LDF Commander and was based in South Africa. They are also alleging that the army members investigating the mutiny were reporting to him directly. It is alleged that Hashatsi, Phaila and Sechele used to report their progress to Kamoli. These are all lies.”
When asked about these allegations, L/Cpl Mosaku said he had no comment.
Adv Molati also said there was a claim that Kamoli authorised the arrest of Lt-Gen Mahao, which allegedly led to his killing. L/Cpl Mosaku again declined to comment, though he reiterated that during a meeting held on 20 June 2015, Captain Hashatsi had stated that if Mahao and now retired Major General Matela Matobakele entered the barracks, “they would leave dead”.
Adv Molati further argued that the operation to arrest mutiny suspects had already been initiated by then LDF commander Lieutenant General Khoantle Motšomotšo (deceased) on 27 May 2015, before Kamoli’s return from special leave in South Africa.
“Upon his return, he (Kamoli) decided that he was not going to interfere with the operation that General Motšomotšo had initiated,” said Adv Molati.
Again, L/Cpl Mosaku stated he had no knowledge of this.
Meanwhile, Advocate Rethabile Setlojoane, representing the prosecution, informed the court of his intention to submit informal admissions from accused soldiers Mohlalefi Seitlheko and Tšitso Ramoholi.
However, both legal teams agreed to defer the process and continue with witness testimonies, with submissions reserved for the trial’s final stage.
Kamoli is charged with the 25 June 2015 murder of Lt-Gen Mahao, alongside his then subordinates: Captains Litekanyo Nyakane and Haleo Makara; Sergeants Lekhooa Moepi and Motsamai Fako; and Corporals Marasi ‘Moleli, Motšoane Machai, Seitlheko and Ramoholi.
The trial continues today, with Adv Setlojoane expected to call the 36th of 91 witnesses lined up for the case.
