Africa-Press – Lesotho. The prosecution was on Friday at loggerheads with the defence team in the ongoing former Lesotho Defence Force (LDF) Commander Lieutenant General Maaparankoe Mahao murder trial.
The lead prosecutor Advocate Shaun Abrahams objected to the document that the defence lawyer, Advocate Silas Ratau was using while examining the third state witness, Major General Poqa Motoa.
This the defence did not take kindly to as they argued that the witness was able to identify and ascertain the statement which was made about him at the Court Martial.
Advocate Abrahams said the document cannot stand in court as the evidence is about admissibility. The lead prosecutor objected that the document is not original.
Meanwhile, Advocate Ratau charged at prosecution saying their objection was an “afterthought” as he was using it in cross-examining the witness. Advocate Napo Mafaesa, one of the defence counsel, said
the trial needs to be approached in a manner befitting the “international standards”. The presiding judge, Justice Charles Hungwe made a ruling that the defence should ensure that they authenticate the document.
Also one of the defence counsels, Advocate Kabelo Letuka accused the crown of lack of compliance with the court’s decisions. He said in March last year, the court ruled that the prosecution should furnish the
defence counsel with the recording of the Southern African Development Community (SADC) sponsored Phumaphi Commission whose recommendations resulted in Mahao’s murder case.
SADC said they will release that material once the reforms are complete. This did not sit well with Advocate Letuka who told the court that they will devise their means to acquire those recordings adding that
it is “unfair” on their clients. He said about 70 percent of the witnesses have testified in that Commission. Lieutenant General Mahao was allegedly killed by his
colleagues at Mokema in the outskirts of Maseru in June 2015. The accused are former LDF Commander Lieutenant General Tlali Kamoli and eight other soldiers Litekanyo Nyakane, Haleo Makara, Lekhooa
Moepi, Motsamai Fako, Marasi Moleli, Motšoane Machai, Tšitso Ramoholi and Mohlalefi Seitlheko. The crown team is made up of Advocate Abrahams, Advocate
‘Naki Nku and Advocate Motene Rafoneke. The defence team are Advocate Molati, Attorney Qhalehang
Letsika, Advocate Ratau, Advocate Mafaesa and Advocate Letuka. Advocate Machaduka Wilson Mukhawana is watching the brief for Mahao’s family. The case has been postponed to April 4.
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