Africa-Press – Lesotho. The High Court has on Wednesday ruled that hearing of bail application by Retired Commissioner of Police (COMPOL) Molahlehi Letsoepa who stands accused with others, for the murder of Police Constable Mokalekale Khetheng, will be heard by Justice ‘Mafelile Ralebese who is the same judge who heard the application at the High Court before it went on appeal.
The ruling was made after the court was addressed on the implications of the order of the Court of Appeal as the prosecution which is the respondent in the bail application argued that when the Court of Appeal in its October sitting ordered that the matter be remitted to the High Court to be heard afresh, it meant the hearing should be before a different judge.
The matter went to the Court of Appeal after the relatives of the late Khetheng challenged the decision of the High Court in which it granted bail to the petitioner. They complained that the bail proceedings before the High Court happened in chambers adding that they were not involved although they had direct and substantial interest in the matter. They questioned the legality of the proceedings that took place ‘in secrecy in chambers’.
Consequently, the Court of Appeal upheld the appeal. It reviewed and set aside the order of the High Court admitting Letsoepa to bail and declared the proceedings a nullity. It ordered that the case be remitted to the High Court to consider the bail application afresh and in open court according to norm. It ruled that in the absence of exceptional circumstances, entertaining bail applications in chambers is irregular and the proceedings a nullity.
