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DPP wants foreign judge
Published
2 years agoon
By
The Post
MASERU – THE Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, is not just pushing for Chief Justice Sakoana Sakoane to recuse himself from Lieutenant General Tlali Kamoli’s treason case.
She now wants a foreign judge to preside over the matter.
Advocate Motinyane disclosed this in papers filed in the Court of Appeal last week.
Lt Gen Kamoli, three other soldiers and two prominent politicians, have been charged with treason after the army attacked the State House and police stations on August 30, 2014.
The politicians are Mothetjoa Metsing, leader of the Lesotho Congress for Democracy (LCD) and the Movement for Economic Change (MEC) leader, Selibe Mochoboroane.
They face the death sentence or a lengthy prison term if convicted.
In her papers, Advocate Motinyane, said Chief Justice Sakoane had demonstrated that he would be biased if he were to adjudicate on the matter.
She said Chief Justice Sakoane’s refusal to recuse himself from adjudicating the trial of Lt Gen Kamoli and others “should be set aside and the case be allocated to a foreign judge for adjudication”.
She said the conduct of Justice Sakoane in court “rationally amounts to biasness and he will not bring an impartial mind to bear on the hearing of the trial”.
What irked the DPP is that Justice Sakoane kicked her appointed foreign lead prosecutor, Advocate Shaun Abrahams, from the case after finding that he wanted to appear in court only when it pleased him.
He said Advocate Motinyane’s allegations that he was biased against the crown were raised when he was disciplining the crown on their behaviour of postponing cases without giving clear reasons to the court and when he sought clarification he was then accused of bias.
Justice Sakoane said the DPP had failed to perform her duties to inform the court about the absence of the lead prosecutor, Advocate Shaun Abrahams, during the continuation of the trial.
Advocate Motinyane had told the court that Advocate Abrahams had informed her that he was going to be away in December but never said anything until she came up with an application for postponement on the day of the trial, the court found.
“At no stage did the DPP and Abrahams inform the court nor communicate with the defence lawyers that Abrahams would not be able to come to court yet they knew about it since December,” Justice Sakoane said.
In her appeal papers, Advocate Motinyane said on December 13, 2021, Advocate Abrahams informed the court about his unavailability in February 2022 which the court suggested that Advocate Naki Nku or Advocate Christopher Lephuthing should proceed with the matter.
“After the court suggested dates in January 2022, Advocate Abrahams immediately informed the court of his unavailability and explained that he would consult with me to which the court immediately acquiesced,” she said.
She said when the court imposed the dates of 10 to 20 January, it was fully aware of Advocate Abrahams having prior professional commitments on the scheduled dates.
“As such, the court double-booked Advocate Abrahams when imposing the dates of 10 to 20 January,” she said.
She said at his request and Advocate Nku’s, Advocate Abrahams returned to Lesotho to join the prosecution team to lead the prosecution.
Motinyane said the court could not be the architect of the double-booking and then use its own creation as a yardstick to subject Advocate Abrahams to a procedurally irregular and prejudicial enquiry.
She accused Justice Sakoane of “summarily sanctioning Advocate Abrahams by unilaterally denying him the right to appear in the trial”.
She argued that it was easily discernable from the record that Advocate Abrahams did not abandon the case.
“The court instead erred and materially misdirected itself in finding that Advocate Abrahams had abandoned the matter, when in fact it had double-booked Abrahams,” she said.
She said she had on balance of probabilities, made out a case demonstrating and convincing evidence that Justice Sakoane will not bring an impartial mind to bear on Lt Gen Kamoli’s trial and has dislodged the presumption in favour of him in the High Court’s fairness and impartiality.
Motinyane said the interests of justice would be brought into disrepute should Justice Sakoane proceed with the adjudication of the trial.
She said the absence of procedural fairness, even-handedness and objectivity in the conducting of the enquiry under section 12(4) of the speedy Court Trail Act in itself constitutes bias.
The Speedy Court Trails Act, she said, do not make provisions for the absolute and complete suspension of the prosecutor to appear in court or to appear in a given matter.
“The court summarily, arbitrarily and irrationally rejected Advocate Abrahams’ appearance in the matter, in the process expelling him from the matter altogether,” she said.
“I submit that the court erred and materially misdirected itself in finding that the loss of Advocate Abrahams for the crown for reasons of enforcement of the Speedy Court Trial Act, does not constitute bias,” she said.
’Malimpho Majoro
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A local lawyer, Advocate Molefi Makase, is in soup after he flew into a rage, insulting his wife and smashing her phone at a police station.
It was not possible to establish why Adv Makase was so mad at his wife. He is now expected to appear before the Tšifa-li-Mali Magistrate’s Court on Tuesday.
Earlier on Tuesday, he was released from custody on free bail on condition that he attends remands.
Magistrate Mpotla Koaesa granted Advocate Makase bail after his lawyer, Advocate Kefuoe Machaile, pleaded that he had to appear for his clients in the Court of Appeal.
Advocate Makase is facing two charges of breaching peace and malicious damage to property.
According to the charge sheet, on October 5, 2023, within the precincts of the Leribe Police Station, Advocate Makase allegedly used obscene, threatening, or insulting language or behaviour, or acted with an intent to incite a breach of the peace.
The prosecution alleges that the lawyer shouted at his wife, ’Mamahao Makase, and damaged her Huawei Y5P cell phone “with an intention to cause harm” right at police station.
During his initial appearance before Magistrate Koaesa, Advocate Makase expressed remorse for his actions and sought the court’s leniency, pleading for bail due to an impending appearance in the Court of Appeal.
His lawyer, Advocate Machaile, informed the court that an arrangement had been made with the police to secure his release the following day, as he had spent a night in detention.
Advocate Machaile recounted his efforts to persuade the police to release him on the day of his arrest.
He noted that the police had assured them of his release the following day, which indeed came to fruition.
Following his release, he was instructed to present himself before the court, which he dutifully complied with.
Advocate Machaile underscored Advocate Makase’s standing as a recognised legal practitioner in the court.
Notably, he was scheduled to appear in the Court of Appeal but had to reschedule his commitment later in the day to accommodate his court appearance.
Advocate Machaile asserted that Advocate Makase presented no flight risk, as he resides in Hlotse with his family and has no motive to evade his legal obligations.
He respectfully petitioned the court for his release on bail, emphasising that he had demonstrated his ability to adhere to the court’s conditions.
The Crown Counsel, Advocate Taelo Sello, expressed no objection to the bail application, acknowledging that the accused had a forthcoming matter in the Court of Appeal.
Consequently, the court granted Advocate Makase bail without any financial conditions, with the stipulation that he must not tamper with state witnesses and must fully participate in the trial process until its conclusion.
’Malimpho Majoro

THREE elderly women were all stabbed to death with a spear during a deadly night after they were accused of being witches.
Three suspects, all from Ha-Kholoko village in Roma, appeared in the High Court this week facing a charge of murder.
They are Jakobo Mofolo, Oele Poto, and Pakiso Lehoko.
They accused the elderly women of bewitching one of Poto’s relative who had died.
The stunning details of the murder was unravelled in court this week, thanks to Tlhaba Bochabela, 32, who is the crown witness.
Bochabela told High Court judge, Justice ’Mabatšoeneng Hlaele, last week that he had been invited to become part of the murder group but chickened out at the last minute.
Bochabela said in March 2020, he was invited by Rethabile Poto to come to his house in the evening.
He said when he went there, he found Mofolo, Poto, and Lehoko already at the house. There were two other men who he did not identify.
“I was told that the very same night we were going to do some task, we were going to kill some people,” Bochabela told Justice Hlaele.
He said he asked which people were going to be killed and was told that they were ’Malekhooa Maeka, ’Mathlokomelo Poto, ’Mampolokeng Masasa.
They said the three women had successfully bewitched Rethabile Poto’s uncle leading to his death.
Bochabela said after he was told of this plot, he agreed to implement it but requested that he be allowed to go to his house to fetch his weapon.
He said Lehoko was however suspicious that he was withdrawing from the plot and mockingly said “let this woman go and sleep, we can see that he is afraid and is running away”.
Bochabela said the only person he told the truth to, that he was indeed going to his home to sleep instead of going to murder the three elderly women was Mofolo who also told him that he was leaving too.
He said he told Mofolo that he felt uncomfortable with the murder plan.
Bochabela said he left and when he arrived at his place he told his wife all about the meeting and the plot to kill the women.
He said his wife commended him for his decision to pull out.
“I told my wife to lock the door and not respond to anyone that would come knocking looking for me,” Bochabela said.
He said later in the night, Rethabile Poto arrived at his place and called him out but they did not respond until he left.
Bochabela said in the morning they discovered that indeed the men had carried out their mission.
The village chief of Ha-Kholoko, Chief Thabang Lehoko, told Justice Hlaele that it was between 11 pm and 12 midnight when he received a phone call from one Pakiso Maseka who is a neighbour to one of the murdered women.
Chief Lehoko said Maseka told him to rush to ’Mampolokeng Masasa’s place to see what evil had been done to her.
“I rushed to Masasa’s place and on arrival I found Pakiso in the company of Moitheri Masasa,” Chief Lehoko said.
He said he found the old lady on the bed, naked with her legs spread wide.
“I was embarrassed by the sight of the old lady in that state, naked and covered in blood,” the chief said.
He said he went out and asked Maseka what had happened but Maseka referred him to Moitheri Masasa.
Chief Lehoko said Masasa told him that there were people with spears who had threatened to kill him if he came out of the house.
He said Maseka said he knew that Masasa’s neighbour, ’Malekhooa Maeka, was a light sleeper and she could have heard something.
The chief then sent one Patrick Lehoko to Maeka’s house to check if she had heard anything but Patrick came back saying Maeka was not at her house.
“I immediately stood up and went to ’Malekhooa’s place,” Chief Lehoko said.
He said when he arrived, he knocked at her door but there was no response so he kicked the door open, went in and called out ’Malekhooa Maeka by name.
Chief Lehoko said he then lit his phone and saw her lying in bed covered in blankets.
He said he then went closer to her and shook her but she was heavy.
Chief Lehoko said he tried to shake her again one last time while still calling her out but he touched blood.
He said he immediately left and went back to tell others that Maeka seemed to be dead too.
“I decided to go and buy airtime from the nearest shop which I had passed through near ’Matlhokomelo Poto’s home.”
He said on his way he met one Sebata Poto who asked him who he was.
Chief Lehoko said he only replied by telling him that the two women, Masasa and Maeka, had been murdered.
He said Sebata Poto told him that “’Matlhokomelo has been stabbed with a spear too”.
Chief Lehoko said he rushed to ’Matlhokomelo Poto’s house where he found her seated in the middle of the house supported by her children with blood oozing from her chest, gasping for air.
“I stepped out and went to get airtime, but I found her dead when I returned from the shop,” the chief said.
The case continues.
Tholoana Lesenya

THE opposition is launching a nasty fightback after Prime Minister Sam Matekane defanged their no-confidence motion by roping in new partners to firm up his government.
Matekane’s surprise deal with the Basotho Action Party (BAP) has trimmed the opposition’s support in parliament and thrown their motion into doubt.
But the opposition has now filed another motion that seeks to get Matekane and his MPs disqualified from parliament on account that they were elected when they had business interests with the government.
The motion is based on section 59 of the constitution which disqualifies a person from being sworn-in as an MP if they have “any such interest in any such government contract as may be so prescribed”.
Section 59 (6) describes a government contract as “any contract made with the Government of Lesotho or with a department of that Government or with an officer of that Government contracting as such”.
Prime Minister Matekane’s Matekane Group of Companies (MGC) has a history of winning road construction tenders. Other Revolution for Prosperity (RFP) MPs, most of whom were in business, had had business dealings with the government.
It is however not clear if the MPs were still doing business with the government at the time of their swearing-in.
Matekane’s MGC Park is housing the Independent Electoral Commission (IEC), which is a government institution established by the constitution, getting its funds from the consolidated funds.
The motion was brought by the Popular Front for Democracy (PFD) leader Lekhetho Rakuoane who is a key figure in the opposition’s bid to topple Matekane.
The motion appears to be a long shot but should be taken in the context of a political game that has become nasty.
Advocate Rakuoane said the IEC’s tenancy at the MGC is one of their targets.
“The IEC is one of the government departments,” Rakuoane said.
“It is currently unethical that it has hired the prime minister’s building.”
“But after the motion, he will have to cut ties with the IEC or he will be kicked out of parliament.”
The Democratic Congress (DC) leader, Mathibeli Mokhothu, said although the IEC is an independent body, it can still be regarded as part of the government because it gets its funding from the consolidated fund.
The Basotho Covenant Movement (BCM)’s Reverend Tšepo Lipholo, who seconded the motion, said the Matekane-led government “is dominated by tenderpreneurs who have been doing business with the government since a long time ago”.
“Now they have joined politics, they must not do business with the government,” Lipholo said.
He said some of the MPs in the ruling parties are still doing business with the government despite their promises before the election to stop doing that.
“Those who will not abide by the law should be disqualified as MPs,” Lipholo said.
“Basotho’s small businesses are collapsing day-by-day, yet people who are in power continue to take tenders for themselves.”
He applauded the Abia constituency MP Thuso Makhalanyane, who was recently expelled from Matekane’s RFP for rebellion because he withdrew his car from government engagement after he was sworn in as an MP.
“He set a good example by withdrawing his vehicle where it was hired by the government,” Lipholo said.
Rakuoane said during the past 30 years after Lesotho’s return to democratic rule, section 59 of the constitution has not been attended to even when it was clear that some MPs had business dealings with the government.
“This section stops you from entering parliament when doing business with the government. Those who are already members will have to leave,” he said.
Rakuoane said they are waiting for Speaker Tlohang Sekhamane to sign the motion so that the parliament business committee can set a date for its debate.
“The law will also serve to assist ordinary Basotho businesses as they will not compete with the executive,” he said.
“There are many Basotho businesses in business these MPs are in. They must get those tenders instead.”
The new motion comes barely a week after a court application aimed at disqualifying Mokhothu.
The government-sponsored application sought the Constitutional Court to declare Mokhothu unfit to be prime minister because he was convicted of fraud in 2007.
Mokhothu has been suggested as Matekane’s replacement should the motion of no confidence pass in parliament.
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