Africa-Press – Lesotho. The High Court through Justice ‘Maliepollo Makhetha has on Monday remitted to the Magistrate Court/ Subordinate Court a case in which Lefu Manyokole and others are charged with corruption involving over M130 million belonging to the Disaster Management Authority (DMA), to be tried there.
This is after his application for review in which he challenged a decision by the Director of Public Prosecutions (DPP) to indict him to the High Court, was successful.
“I am of the view that the delay in challenging the decision of the DPP in case cannot be a good basis for assuming jurisdiction over the matter,” said Justice Makhetha in her ruling.
She stated that there is no evidence before court that suggests that the DPP acted reasonably and lawfully or otherwise in the decision to indict the applicant and his co-accused before the court.
She indicated that the prosecution has also failed to place before the court the jurisdictional facts affecting public interests upon which the decision to indict the accused were based as a requirement under section 144 of Criminal Procedure and Evidence Act.
“In the absence of such facts by the crown, I do not find a good reason to depart from the application of section 59 of the Subordinate Court Order in the present case”, said the judge.
“My view is that before the accused have tendered their pleas, this is an appropriate stage for remitting the matter back to the Subordinate Court for continuation of case CRI/T/MSU/0211/2023 as prayed by the applicant”, she added.
The judge pointed out that she is satisfied that the Subordinate Court has the requisite resources to handle the case.
Manyokole had in the application argued that the decision by the DPP was irrational and malicious. He added that it offends his constitutional rights which are provided for under section 12 of the Constitution of Lesotho. He pointed out that the DPP is enjoined by the law to make just and fair administrative decisions adding that in the present matter, she failed to do so.
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