Africa-Press – Lesotho. The fifth accused in the treason trial, Hon. Selibe Mochoboroane is a ball of emotion owing to how the Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane has caused the case to drag.
This he said through his lawyer Advocate Motiea Teele King’s Counsel (KC) yesterday in the High Court in Maseru. The DPP has asked the leave of the court to appeal the ruling made by the court in
January. The court had found her guilty of perjury and the then lead prosecutor Advocate Shaun Abrahams of “professional misconduct. “Any lawyer found wanting in upholding the ethical standards of the legal profession
is liable to disciplinary action. A lawyer who deliberately places before court misleading information or makes a contention which he knows to be false is not
fit to remain a member of the profession” reads the judgement. The DPP had accused him of impartiality in the trial, the case to which she lost. “The right to be tried by an impartial judge is of fundamental importance in our
system of justice. This right is imperiled [sic] by words and actions of a judicial officer which creates or demonstrates a reasonable apprehension or
perception of bias,” the crown had argued. The DPP has recently asked the court for the leave to appeal this ruling. Also, the DPP wants the matter to be heard by the foreign Judge.
The High Court yesterday declined the crown’s prayers. Handing down the ruling, Chief Justice (CJ) Sakoane Sakoane said recusal of recusal application and
sanctioning of the Advocate Abrahams are not interlocutory, adding that their appeal lies at the front door of the Court of Appeal. “The Honourable Chief Justice erred and misdirected himself in usurping the
constitutional and legal powers of the Director of Public Prosecutions in retaining Counsel as delineated in section 6 of the Criminal Procedure and Evidence Act No 9 of 1981,” reads the DPP application.
On behalf of the accused, Motloheloa Ntsane deposed of the affidavit saying: “… the DPP does not appreciate legal procedure in so far as all these points ought
to have been raised in a notice of appeal that is filed in the Court of Appeal for any court where leave is to be obtained. However, in the circumstances of
this case, leave to appeal was not necessary because the orders by the Learned Chief Justice are final in nature. “Clearly therefore this application is filed at the eleventh hour only to render the
criminal trial which was set to proceed on the 23rd February 2022 abortive and to frustrate those proceedings. Despite the DPP overburdening this application
with unnecessary facts and being argumentative at the same time which should be deprecated by this Honourable Court, I aver that the DPP is ill-advised and has
absolutely no grasp of law because leave to appeal is not required against final decisions of this Honourable Court. ” CJ said he will withstand the matter pending the finalisation of the apex court
determination. He also appealed to the crown for “maximum corporation” with the defence team. The crown counsel Advocate Motene Rafoneke said the DPP’s rights of choice of her
preferred counsel are compromised following the disqualification of Advocate Abrahams in January. Meanwhile, the presiding Judge said such a lawyer is the
one who can take up this case with the relevant authority within 21 days as the law stipulates. “How does the absence of Mr Abrahams prejudice the case?” asked Chief Justice.
Reacting to this question Advocate Rafoneke said “I am unable to make a submission in that. ” Meanwhile, the CJ ruled that: “It is the DPP’s duty to see to it that Crown counsel and
retained counsel exercise her delegated powers properly, conscientiously and efficiently by attending court at all times and not at their convenience.
The Constitution provides a template for the DPP’s exercise of power by her delegates and retained counsel. Section 6(5) enjoins them to prosecute cases
with due expedition. Section 12 obligates them to respect [the] fair trial rights of accused persons. Such rights include avoiding [bringing] frivolous
applications for postponements by reliance on false information. For the defence, Advocate Teele KC said he must accept that they are “sufficiently frustrated”.
“The attitude of the crown is quite vexatious with the greatest respect.
It is to understand what the crown is doing. “It is just intended to escalate costs on the part of the accused. I really don’t understand what the crown is trying to do,” said Advocate Teele KC.
The accused in this matter are the former Lesotho Defence Force (LDF) Lieutenant General Tlali Kamoli and other accused soldiers. Tlali Kamoli, Litekanyo Nyakane, Motloheloa Ntsane, Leutsoa Motsieloa
Hon. Selibe Mochoboroane as first to fifth accused respectively. The other accused who remains at large and had never made a court appearance is Hon Mothetjoa Metsing.
They stand accused of treason, murder, attempted murder and aggravated assault. Motloheloa Ntsane and Leutsoa Motsieloa do not face charges of treason, attempted murder and aggravated assault. This is because some of the accused are not charged in other counts.
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