By Bongiwe Zihlangu
MASERU — A six-member military court on Monday slapped Second Lieutenant Thabang Phaila with a 12-year jail term after finding him guilty of mutiny and deserting the Lesotho Defence Force (LDF).
Phaila was in November 2013, charged with taking part in a 1998 post-election mutiny, contrary to provisions of the Lesotho Defence Force Act No 4 of 1996.
Alternatively, Phaila was charged with “failure to use his endeavours to prevent the intended mutiny”, in violation of the same legislation.
Both the mutiny and intended mutiny charges carry a sentence of 20 years. In the other count, Phaila was charged with desertion from the LDF, which carries a sentence of five years. The Lesotho Times understands that on Tuesday at around 11 a.m. Phaila was escorted to the Maseru Maximum Prison to start his sentence.
Phaila fled Lesotho in 1998 after being fingered as one of the masterminds of the mutiny, which saw some junior members of the LDF arresting their senior officers.
The mutiny was reportedly triggered by suspicion that some senior military officers had helped in the alleged rigging of the 1998 general election by the then ruling Lesotho Congress for Democracy (LCD).
Phaila, who was on a two-year study leave while pursuing a law degree at the National University of Lesotho (NUL) at the time, previously told the court martial that he fled Lesotho out of fear, after learning that Private Hosanna Sako and others had been arrested and that the military was looking for him.
He returned to Lesotho in September 2013 after 15 years on the run, but was arrested three weeks later — on October 3 — by the Military Police, while attending the funeral of a certain army officer in Naleli, Maseru.
He has been in military detention since.
Phaila told the court while giving testimony that he returned home under the auspices of an amnesty extended to political fugitives by the government. However, the government denied the existence of such an amnesty.
Phaila’s accomplices in the mutiny — Sako, retired Warrant Officer Makotoko Lerotholi, ex-Lance Corporal Tšoeu Tšukulu, retired Lieutenant Colonel Matheolane Mafoea and Reverend Thabo Monyau — were convicted in 2000 and subsequently served their jail sentences.
In summing-up the evidence before issuing judgement, Judge Advocate Lieutenant Colonel J.B. Matobo told the court that between July and September 1998, the accused unlawfully held several meetings with Sako, Lerotholi, Tšukulu, Monyau, Mafoea (then Warrant Officer) and other individuals unknown to the prosecution “with intent to disobey lawful authority in the LDF”.
The meetings, he further said, were meant to create “such circumstances as to make the disobedience subversive of discipline or with intent to impede the performance of any duty of the Defence Force”.
“In the alternative, the accused unlawfully and intentionally failed to use his utmost endeavours to prevent the intended mutiny after the said meetings,” Judge Advocate Matobo said.
However, he added by fleeing the country, Phaila had only delayed the administration of justice.
“The only thing the accused did was to delay the justice on himself. He should have stayed, instead of running away,” Advocate Matobo said.
The Judge Advocate also said the supposed political amnesty, under which the accused claimed he returned to Lesotho, did not cover him because if it did “this case could not have been initiated by the same government”.
“I need not say anything more than that,” Advocate Matobo said.
In aggravation of sentence, Advocate Lieutenant Tšoene Nkuebe, appearing for the prosecution, stressed the offences committed by the accused warranted severe punishment as they were very serious, particularly because they were committed by an officer.
To drive his point home on the charge of intention to commit mutiny, Lt Nkuebe gave an example of the late Sako, saying although he was just a private in the LDF, he was slapped with a 13-year jail term for mutiny.
“It makes it even worse that in this case, the offence involves a person who is an officer,” Lt Nkuebe said.
He further suggested that the court, in its deliberations, should show leniency by imposing a 15-year jail sentence on Phaila instead of the 20 years prescribed in the LDF Act.
On the charge of desertion, Lt Nkuebe said it was not in the best interest of the LDF to retain Phaila, who had deserted the army for 15 years.
He then suggested that instead of convicting Private Phaila for desertion, when he had clearly indicated he no longer wanted to be a member of the LDF, “he should be discharged with ignominy or disgraceful discharge”.
In mitigation, Private Phaila’s lawyer, Advocate Sakoane Sakoane, suggested since the prosecution had already proposed the accused be discharged with dishonour, the court might as well impose a lesser sentence, as discharge would be indication enough that he was no longer needed by the army.
Advocate Sakoane further submitted that, in sentencing, the court should also consider that the accused was father to a minor aged 14 years and that he should be discharged to “enable him to start his life all over again”.
In delivering the final judgment, the judge said he had taken note of the evidence presented before the court, as well as mitigating factors by both the prosecution and defence.
“However, for purposes of the administration of justice, the court should not be too lenient for the avoidance of a similar offence being committed in future,” Judge Advocate Matobo said.
But, the LDF Act stipulates that any sentence issued by the court martial is subject to confirmation by the convening authority within seven days of the issuing of such a sentence, in this case being Defence and National Security Minister and Prime Minister Dr Thomas Thabane.
According to Advocate Sakoane, Private Phaila has 30 days to lodge an application to appeal the sentence.
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