Africa-Press – Lesotho. The High Court has yesterday dismissed the recusal application moved by the retired Commander of the Lesotho Defence Force (LDF) Lieutenant General Tlali Kamoli against
Judge Charles Hungwe in the ongoing bombs trial. The petitioner had wanted the trial judge to recuse himself in the case of the ongoing bombs. Handing down the ruling, Justice Hungwe dismissed the case as
“misconceived”. Former LDF Commander had accused Judge Hungwe saying the court had
misled itself when at one point said he had refused a pro deo, legal aid lawyer, saying there was never a time when the court had asked him to look for a lawyer and he refused.
He had also argued that the Judge would not fairly divorce his mind from the testimonies made by witnesses in other similar cases as these trials (“high
profile”) share similar witnesses. He was also irked by the first meeting with the Judge, saying he was shocked when he told him that “I am going to deal with your attitude” yet they
had met for the first time. “I want His Lordship to know from the bottom of my heart that I don’t have confidence in him as what transpired today affirms what he said to me in
my first encounter with him that he is going to deal with my attitude,” he charged. The accused had also argued that since the contract of Judge Hungwe is
to finish, he should not preside over the case. Justice Hungwe further ruled that impartiality is the “fundamental” requisite of the Judicial Officer.
He said his employment with the Judicial Service Commission (JSC) is immaterial as the Judge can only step down from the case by death, if he is incapacitated due to illness to continue with the matter or has resigned.
The ruling also highlighted that a Judge can preside over many cases where the same accused features. It further frowned upon the accused’s move to challenge the presiding Judge after two years while instead he ought to have
done this at the early stages of the case. On the issue of his inharmonious meeting with the Judge, Justice Hungwe said he “ploughed the same ground over and over”, this he said referring to the
accused when addressing the court. The former LDF Commander is accused alongside Major Pitso Ramoepana, Captain Litekanyo Nyakane, Corporal Mohlalefi Seitlheko and Sergeant Heqoa
Malefane. They face 17 counts that have alternatives ranging from attempted murder, risk of injury or death, aggravated assault, unlawful damage to property, Rd Lieutenant General Kamoli also faces extra charges that include
issuing of clearly and/or manifestly illegal superior order(s) and obstruction of the course of justice. According to the charge sheet, they are guilty of
contravening section 22(1) read with sections 22(2), 26(1) and 109 of the Penal Code, 2010 Act No. 6 of 2012. “In that upon or about the period 26 to 27 January 2014, and at or near
Moshoeshoe II and/or at or near Ratjomose and/or near places unknown to the Crown, in the district of Maseru, the accused, and: Tefo Hashatsi (now deceased) and persons unknown to the Crown, in furtherance of a shared common
intention and/or common purpose, did unlawfully and intentionally attempt to cause the death of Liabiloe Ramoholi, by detonating explosives and/or discharging of Multi Grenade Launchers at the residence of Liabiloe
Ramoholi…”, reads the charge sheet. They are also accused of detonating explosive devices and/or discharging Multi Grenade Launchers at the residence of the then Commissioner of Police
Khothatso Tšooana. At this stage, the accused have not yet pleaded. Meanwhile, the trial Judge threatened to impose an order as to costs in future should the accused move a similar application. The matter has been stood down to September 5.
For More News And Analysis About Lesotho Follow Africa-Press
