Africa-Press – Lesotho. Advocates Shaun Abrahams and Motene Rafoneke this week filed a fresh application in the High Court to withdraw from prosecuting the case of Lieutenant General Tlali Kamoli and other soldiers.
The move comes a week after the two filed an application to withdraw from a case where some police officers are being charged with the murder of Constable Mokalekale Khetheng.
They say the Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, should find a replacement to handle the treason case against Lt Gen Kamoli, the Lesotho Congress for Democracy (LCD) leader, Mothetjoa Metsing, and the Movement for Economic Change (MEC) leader Selibe Mochoboroane.
The case has been set down for hearing on August 3. The other case that the duo handled was the murder of Lt Gen Maaparankoe Mahao in 2015, which is also ongoing in the High Court.
They were also prosecuting the case in which 10 soldiers are being charged with the murder of three men they allegedly tortured and later dumped in Mohale Dam in 2016.
In their notices filed in the High Court yesterday, the two lawyers said the reasons for their withdrawal are that their relationship with Advocate Motinyane has “irretrievably broken down”.
The advocates told the court in their affidavits that their relationship with Advocate Motinyane who hired them has been ruined “with no reasonable prospects of restoration or reconciliation”.
Advocate Abrahams told the court that he wrote to the DPP on or about 21 May this year detailing legitimate longstanding concerns relevant to the execution of his briefs and those of his assistant.
He said the latter communication was followed by a meeting between him and the DPP on May 30 this year where he again raised the concerns in relation to the execution of their briefs.
“The first respondent had intimated that she would revert to me thereon. By 7 June this year, she had not reverted to me,” Adv Abrahams said.
“I consequently again wrote to the DPP on behalf of me and the second applicant advising of the irretrievable breakdown in our respective professional relationship,” he added.
He said he warned of the remote prospects of restoration or reconciliation thereof. He said he formally provided a notice to the DPP of their withdrawal from all matters on brief.
Adv Abrahams told the court that the DPP was further advised to appreciate that the so-called high profile matters in respect of which he and Adv Rafoneke were on brief, garner much media and public interest.
“Professionalism, ethics and good conscience unequivocally dictate the latter position,” he said.
Adv Rafoneke shared the same sentiments with Adv Abrahams that the professional relationship between him and the DPP had broken down irretrievably with no reasonable prospects of restoration.
He said he is unable to and not amenable to continue with the high profile cases. He said he is also not amenable nor available to accept again a brief in the high profile cases.
“I respectfully submit that both the first applicant and I have taken the requisite measures to timeously provide notice to the first respondent of our intention to withdraw as Crown Counsels,” Adv Rafoneke said.
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