Africa-Press – Lesotho. The Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane has asked for the leave to Chief Justice Sakoane Sakoane to appeal his ruling against her last month.
These developments unfolded yesterday during the ongoing treason trial at the High Court. The state prosecutor Advocate Motene Rafoneke told the court that he had received
the direction from the DPP Advocate Motinyane to appeal his last month’s ruling which was found guilty of perjury and the then lead prosecutor Advocate Shaun
Abrahams of having committed “professional misconduct”. This has since displeased the DPP. The Chief Justice told the crown that they ought not to ask for his leave to appeal
but go straight to the Appeal Court, but warned that the case should be enrolled and heard expeditiously. Meanwhile, before Advocate Rafoneke appraised the court of the DPP’s intention to appeal, it
was scheduled to hear the motion to quash indictment lodged by the fifth accused the Minister of Development Planning Hon. Selibe Mochoboroane. Last month the DPP accused the Chief Justice of biases towards the crown and
impartiality to preside over the case. “It is the DPP’s duty to see to it that Crown counsel and retained counsel exercise her delegated powers properly, conscientiously and efficiently by attending
court at all times and not at their convenience. The Constitution provides a template for the DPP’s exercise of power by her delegates and retained counsel.
Section 6(5) enjoins them to prosecute cases with due expedition. Section 12 obligates them to respect [the] fair trial rights of accused persons. Such
rights include avoiding [bringing] frivolous applications for postponements by reliance on false information. “Any lawyer found wanting in upholding the ethical standards of the legal profession
is liable to disciplinary action. A lawyer who deliberately places before court misleading information or makes a contention which he knows to be false is not
fit to remain a member of the profession” reads the judgement. The crown is expected to file their application tomorrow and the defence will file their replies on Monday, February 28.
Advocate Motiea Teele King’s Counsel (KC), for the defence, said they are going to oppose the application. The other accused, in this case, are former Lesotho Defence Force Lieutenant
General Tlali Kamoli, Litekano Nyakane, Motloheloa Ntsane and Leutsoa Motsielo. Also, the other accused is Hon. Mothetjoa Metsing whose whereabouts are
unbeknown to court. Meanwhile, a warrant of arrest has been issued for him. The DPP had since told the court that she is working with the police to have him
arrested but indicated that the process is complex. They face charges ranging from 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. Advocate Rafoneke is appearing for the crown with Advocate Naki Nku. The defence team is made of Advocate Teele KC, Advocate Letuka Molati, Advocate Lepeli Molapo, Advocate Mafaesa and Advocate Kabelo Letuka.
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