Charge Mokaloba, says lawyer

Charge Mokaloba, says lawyer

MASERU – A lawyer representing Lieutenant General Tlali Kamoli has told the court that his client’s trial should not proceed until Inspector General Ramanka Mokaloba is either charged or listed as a witness.
Advocate Letuka Molati told the High Court yesterday that without Inspector General Mokaloba’s involvement it will be impossible to continue with Lt Gen Kamoli’s trial for murder and attempted murder.

This, he said, is because Inspector General Mokaloba is the one who committed the crimes that Lt Gen Kamoli is accused of yet he is not involved in the case, either as the accused or a witness.

Advocate Molati previously told the court that his client will argue that it is Inspector General Mokaloba who bombed the home of First Lady ‘Maesiah Thabane in Moshoeshoe II when she was still Prime Minister Thomas Thabane’s girlfriend.

He said Lt Gen Kamoli will say that Inspector General Mokaloba also bombed the home of former police commissioner Khothatso Tsoaana in Abia.
Yesterday he told the court that the prosecution had two choices to deal with his client’s allegations.

“The case cannot proceed unless the prosecution has charged Mokaloba or put him on the witness list,” he said.
He said it will be difficult for the case to proceed without Mokaloba because he is “the one who bombed those people”.
He said it would be unfair to his client if the “person (Mokaloba) who was there (when the crimes were committed) is not charged or listed as a witness”.

“We cannot turn our blind eye on it,” he said.
Advocate Molati said it is worrying that the prosecution has not done anything since he told the court about his client’s allegations against Inspector General Mokaloba.

The trial of Lt Gen Kamoli and others is set to proceed on November 4 but Advocate Molati’s insistence that Inspector General Mokaloba be included is likely to throw spanners in the works.
Justice Kelebone Lebotse however said Advocate Molati cannot order the prosecution to arrest anyone.

“You cannot order them (prosecution) to charge him, there are procedures to be followed,” Justice Lebotse said.
“Engage your colleagues (the prosecution team) but you have no right to say arrest that person, I thought we talked about this the last time you came up with it in court.”

The judge noted that the case has dragged on for too long and the prosecution is yet to give all statements to the defence.
Inspector General Mokaloba is widely speculated to be close to Deputy Prime Minister Monyane Moleleki who leads the Alliance of Democrats (AD), a partner in the coalition government.

Advocate Molati’s demand that Inspector General Mokaloba be included in the case seems to have caught the prosecution flatfooted.

Itumeleng Khoete

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