Africa-Press – Lesotho. The detained members of the Lesotho Defence Force (LDF) including the former Commander have petitioned the High Court to order the LDF command to release
the statements of witnesses made at the Court Martial proceedings. The charge sheet in question is alleged to contain the statements made in the mutiny case of members of the LDF in 2015.
This document has been a subject of intense debate in an ongoing murder trial of former LDF Commander Lieutenant General Maaparankoe Mahao. The crown and the defence had sharp differences over the admissibility of the Court
Martial witnesses statements were manifest during trial on Tuesday last week. In 2015 some members of the Lesotho Defence Force (LDF) including the state witness
currently taking stand, Major General Poqa Motoa accused of mutiny plots against the command. It would be recalled that earlier in January the defence and prosecution were also
at cross purposes over the admissibility of this document. Then, the trial judge, Justice Charles Hungwe ordered that it is the onus of the defence team to ensure the authentication of the document.
Before the defence counsel, Advocate Silas Ratau could continue cross-examining the state witness Major General Motoa, he told the court that attempts to have the
document certified were partially successful, saying they have communicated with the LDF command which told them that the original documents are available
and can be authenticated through the order of the court. Advocate Ratau urged the court to make an order that will see the LDF Commander appearing before it to appraise the document and its certification.
Seeing that the court could not accede to their plea, the detained soldiers moved an application on Thursday last week for the respondents to “discover and make
available to the applicants, statements of witnesses in the Court Martial proceedings in The King v No.18536 Brigadier Mareka and 22 others”. The applicants are the accused, Retired Lieutenant General Kamoli and eight other
soldiers Litekanyo Nyakane, Haleo Makara, Lekhooa Moepi, Motsamai Fako, Marasi Moleli, Mots’oane Machai, Ts’itso Ramoholi and Molahlehi Seitlheko. The
respondents are the Commander, of LDF, the Attorney General and the Director of Public Prosecutions (DPP) respectively. Meanwhile, Advocate Letuka Molati said he had on Monday last week had an audience with the
Commander of the LDF Lieutenant General Mojalefa Letsoela who promised him that documents will be availed on Tuesday before the case continues. He said told
the court that there is nothing that should warrant the military to want to go through formal processes yet those documents were given to the witness.
Advocate Molati said had he known that they would encounter the problems with accessing the documents he would have prepared an application for the military to avail
of the documents. The lead prosecutor Advocate Shaun Abrahams objected saying the document is “inadmissible” and that it is disqualified as the charges contained on the
alleged mutineers were dropped. “There is no basis for the defence to lay emphasis on inadmissible documents,” he charged saying that should the defence lawyers over an application order, the
prosecution is ready to oppose such a move. Advocate Ratau argued that the lead counsel seems not to “understand” his duties which are to allow every information to be brought before the court.
He advanced the reason that the accused were never acquitted at the Court Martial. “The court has powers to order the Commander to appear before [it]” he said.
He added: “What prejudice is there if they [documents] appear before the court? There won’t be any but there would be a fair trial. ” Advocate Molati took swipe at the crown’s attitude saying “something is shocking, at
first the crown objected on the basis that they were not authenticated. Now a new leaf sprouts out of a branch. Law is not a hide and seek. ” He also told the court that they are also going to request the production of the
Phumaphi Commission proceedings. This Commission had recommended that people who are suspected to have a hand in criminal activities that brought instability and caused the death of Lieutenant Mahao to be tried before courts
of law resulting in the ongoing “high profile” cases where soldiers and members of the Lesotho Mounted Police Service (LMPS) stand accused of many crimes
including murder. Meanwhile, the Southern African Development Community (SADC) had indicated that it will avail those proceedings once the ongoing national
reforms have been completed. “The court will know will know that the accused are denied access to the documents,” he submitted his arguments. Also, the defence lawyer, Advocate Napo Mafaesa said the state witness retired
Colonel Thato Phaila was asked if someone would come before the court saying there was no mutiny, the crown objected and instructed him not to answer such a
question. “The issue of admissibility is irrelevant and cannot be inhibited by the dishonest conduct of the crown,” he fumed. “It begs the question if the crown was sincere when they said Phumaphi Commission
records were not there,” he aimed at the prosecution. Advocate Kabelo Letuka also argued that the crown was “very clear” that the controversial document does not exist saying “today they exist and
inadmissible”. He further aimed at the crown saying: “What the crown is doing is not doing justice to the accused and the community. It is shocking that in a democratic
country [the crown] has the guts to say the documents which should not be availed to assist the court to arrive at justice. That is a standard; it is even known by the first-year students.
” Advocate Abrahams was resolute that they had always disputted their admissibility. The
defence will move the application and the crown will oppose. The crown team is made up of Advocate Abrahams, Advocate Motene Rafoneke and Advocate Rathebe.
Advocate Machaduka Wilson Mukhawana is watching the brief for Mahao’s family. The matter will be heard online and the ruling expected to be delivered on May16.
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