Africa-Press – Lesotho. The postponement in the murder case involving the members of the Lesotho Defence Force (LDF) has unsettled the Judge. Judge Onkemetse Tshosa, who is presiding over the case in which the five members of
the army are accused of murder has expressed concern over the two months deferment of the hearing dates set for the case. During the pre-trial conference (PTC) on Thursday, the judge was also perturbed by the
postponement of the case owing to its “history”. The accused are charged with contravening Section 40 (1) Penal Code Act 2010 which is also read with contravening Section 26 (1) and Section 109.
Their charge sheet reads: “In that upon or about 7th day of April 2012 and at or near Ha-Motanyane in the district of Mafeteng, the said accused sharing a
common intention or purpose together to pursue an unlawful act or omission and in pursuit of such purpose did perform an unlawful act or omission with the
intention of causing the death of Thabang Mosole, [Monyake Matsie], [and] [Pakiso Ntlabe Letetebe] the said accused did commit the offence of murder of
the said [deceased] such death resulting from their act or omission. The accused are: Captain Litekanyo Nyakane, Lance Corporal Khauhelo Makoae, Lance
Corporal Sebilo Sebilo, Private Tšepo Tlakeli and Private Thebe Tšephe being first to fifth accused respectively. The new dates for hearing are: June 18, 21
and 25 and July 1 and 2. Asked why they could not agree on nearer dates during the PTC, the defence team and the crown said one of the accused will not be able to attend as he is set for
trial in Mafeteng Magistrate Court. Under the Right to fair trial, the Section 12 of the Constitution of Lesotho says that “the case shall be afforded a fair hearing within a reasonable time” but
does not specify the exact timeframes to be considered. Judge Tshosa accepted the dates but cautioned that they should be “strictly adhered to”. He further instructed the prosecution to furnish the defence team with the
list of witnesses and their statements by May 14. The defence team is made up of: Advocate Karabo Mohau King’s Counsel (KC) and Advocate Kabelo Letuka appeared for the
accused number one, Advocate ‘Maletsatsi Kao-Theoha appeared for accused number two and four, while Advocate Zwelakhe Mda KC appeared for the accused number three, Advocate Napo Mafaesa, for the
accused number five. The crown is Advocate Mosoeunyane Masipholle. Advocate Masipholle said the prosecution is “more than” ready to proceed with the matter.
On March 16, Advocate Karabo Mohau King’s Counsel (KC) and Advocate Kabelo Letuka withdrew their services saying they are unable to proceed with the matter as
they did not have enough time to prepare for the trial. Reacting on that move, Judge Tshosa said it was “unfortunate” adding that the court was prepared to deal with the matter that day.
The court then instructed the accused to find themselves other legal representatives. On April 13, the date which was scheduled for the trial to kick off, the three
lawyers Advocates Mohau KC, Mda KC and Letuka were instructed by the court to issue their reinstatement letter and the letters of instructions from their
clients. The prosecution on the other hand also told the court that the three witnesses from Mafeteng were involved in a car accident en route to Maseru to testify.
For More News And Analysis About Lesotho Follow Africa-Press
