Africa-Press – Lesotho. The crown has told the court that it intends to file the recusal application against Chief Justice Sakoane Sakoane, who is the presiding judge in the ongoing treason case.
Advocate Motene Rafoneke said the crown team consisting of the DPP Advocate Hlalefang Motinyane, and Advocate Naki Nku had convened and following the rejection of Advocate Shaun Abrahams earlier on
Monday they intent to file a recusal application which if it succeeds the Chief Justice will step down from the case and a different judge will take over.
The prosecution will serve the defence team their application by 1400hrs today and the defence will answer the same day while on Wednesday the court will hear the arguments of both sides.
The defence team is made of Advocate Motiea Teele King’s Counsel (KC), Advocate Letuka Molati, Advocate Lepeli Molapo, Advocate Napo Mafaesa and Advocate Kabelo Letuka.
Chief Justice took over the case after the then Southern African Development Community (SADC) judge, Justice Onkemetse Tshosa resigned in August last year.
The case has been ongoing for about five years and no one has been charged in this matter. Meanwhile on Monday, the High Court made the scathing ruling that former National Director of Public Prosecutions (NDPP) at the South
Africa National Prosecuting Authority (NPA) and the lead prosecutor in the ongoing “high profile” cases, Advocate Shaun Abrahams continued appearance in
the treason case was rejected. The ruling was in connection to perjury committed by the DPP Advocate Motinyane that in her affidavit she told the court
“hearsays” which Advocate Abrahams mostly refuted. Last week Monday when the case was supposed to
proceed as scheduled on December 13 last year, Advocate Abrahams was absent in court and was in South Africa, then the DPP had appointed Advocate Hopolang
Nathane King’s Counsel (KC) to apply for the postponement. However, following the debate, he withdrew and Advocate Nku was asked if she could proceed as a
lead prosecutor she told the court that she had not received such instructions from the DPP, the move which forced the court to adjourn while she takes instructions
from the DPP and after taking instructions she told the court that she was ready to proceed as the lead prosecutor in the absence of Advocate Abrahams.
Despite the trial set to kick off, it could not as the Minister of Development Planning and the leader of Movement for Economic Change (MEC) leader Hon Selibe Mochoboroane told the court that he is
going to file an application to quash the indictment. Then, the case was scheduled for Friday last week for arguments but could not proceed as the two
defence counsels were absent from court. Advocate Mafaesa was nursing injuries he sustained from being assaulted by the Mabote Police while Advocate Letuka
was in hiding for fear of being tortured by the police. Also on Friday, the DPP had appointed Advocate Motene Rafoneke to work with Advocate Nku in the matter.
As the matter was about to proceed yesterday, Advocate Abrahams rose to tell the court that he will be continuing in the matter to which Chief Justice Sakoane Sakoane frowned telling him that Advocate
Nku has been appointed as the lead prosecutor and will be assisted by Advocate Rafoneke. His Lordship Sakoane then ordered that the DPP be called and was sworn in as a witness as he said she had committed perjury.
She took the stand and was questioned after she stepped down, Advocate Abrahams was also ordered take an oath and questioned. The Chief Justice then enforced the section 12
(b) and (c) of the Speedy Act Trial which bars the lawyers from being doubly
booked while engaged on the ongoing matter. Handing down the ruling, Chief Justice said: “Having heard the DPP and Mr Abrahams, I have no doubt in my mind that the DPP in her
affidavit did not take this court in her confidence when she filed an application for postponement. “I also have no doubt in my mind that Mr Abrahams himself who informed me that this affidavit was brought before him
this morning and there were certain thing said about him which he did not distance himself from. He informed me that he would prosecute the matter despite DPP having appointed the lead prosecutor.
“She cannot brief and appoint lead prosecutor then suddenly jettison lead prosecutor [Advocate Nku] within 24 hours without
even according this court courtesy that Mr Abrahams will lead. Although the DPP misled this court, she has only escaped with her teeth the sanctions which I
would impose to pay M5 000.00 from her pocket. ” Chief Justice said the DPP escaped the penalty because her application was “aborted”. He also accused Advocate Abrahams of
“professional misconduct” saying “I do not see the space for Mr Abrahams appearance before the matter” adding that his appearance is “rejected”. Contacted for a reaction after the ruling if
he will remain to prosecute the other “high profile” cases, Advocate Abrahams said he will discuss the matter with the DPP. Minister of Law and Justice Advocate Lekhetho
Rakuoane had last year told the parliament that the government was still satisfied with the legal services of Advocate Abrahams. DPP had in 2018 enlisted the legal services of
Advocate Abrahams to prosecute the “high profile cases”. The state forks out M20 000.00 per day for his appearance at the High Court, M15 000.00 fee appearance at Magistrate Court at
a daily rate and M2 500.00 for perusing, preparing the documents per hour. Some of the “high profile” cases in which he is the lead prosecutor include that of the murder of Police Constable
Mokalekale Khetheng and the murder of the former Lesotho Defence Force (LDF) Commander Lieutenant General Maaparankoe Mahao. Mochoboroane is the fifth accused and is
charged alongside the former Deputy Prime Minister and leader of Lesotho Congress for Democracy (LCD) Hon Mothejoa Metsing who is still at large, former
Lesotho Defence Force Lieutenant General Tlali Kamoli, Litekano Nyakane, Motloheloa Ntsane and Leutsoa Motsielo. They stand accused of treason, murder,
attempted murder and aggravated assault. However, Ntsane and Motsieloa will not be tried on charges relating to treason, attempted murder and aggravated assault.
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