Africa-Press – Lesotho. Hearing of evidence provided by the prosecution in a case in which the Rasekoai siblings Nthei and ‘Mamphoka are charged with the murder of their mother Martha ‘Masechache Rasekoai was on Thursday halted as the defence challenged admissibility of expert evidence.
As the Court is trying to unravel the mystery behind the killing of the deceased, the prosecution had today called Moneri Mochochoko, Senior Specialist in Management Information Systems from Vodacom Lesotho, to explain the contents of a record obtained through a court order on activities of the cell phone numbers belonging to the deceased and both accused.
While the witness was still in the box and after a short adjournment, the defence through Advocate Lesaoana Mohale told the court that they intend to make an application for a trial within trial in order to test the admissibility of the evidence obtained by the prosecution which was being presented by the witness.
Adv. Mohale argued that the cell phone record was unconstitutionally obtained. He stated that the court order which was issued before the accused could be charged resulted from a civil case in which the accused ought to have been joined. He indicated that the right to privacy for the accused has been infringed upon as they did not consent to the obtaining of the record.
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