Courts ยท Maseru
Prosecutors in the Mahao murder trial objected after the defence called a witness the state regarded as its own, forcing the High Court to rule on the dispute mid-testimony.
Proceedings in the high-profile murder trial arising from the death of former Lesotho Defence Force commander Lieutenant General Maaparankoe Mahao took an unexpected turn this week when prosecutors challenged the defence’s decision to call a witness they claimed belonged to the state’s case.
The dispute emerged before the High Court after retired Major ‘Mamatela Hokinyana took the witness stand and was introduced as a defence witness, shortly after accused soldier Captain Haleeo Makara completed his testimony.
Hokinyana was called on behalf of Sergeant Lekhooa Moepi, one of the accused soldiers represented by Attorney Qhalehang Letsika.
Before she could proceed, prosecutors objected, arguing she had originally been identified as a state witness and could not be called by the defence without the prosecution’s knowledge or consent. The objection forced the court to intervene.
Leading the objection, prosecutor Advocate Lehlohonolo Phooko told the court the defence had acted improperly. He said the prosecution had not been informed Hokinyana would testify and had expected a different witness.
“We were informed that Mr. Mokaloba would testify.”
Phooko argued that calling a state witness without first obtaining permission from the prosecution undermined proper court procedure and could attract legal consequences.
Attorney Letsika rejected the argument. He submitted that the prosecution had already closed its case and the defence was therefore free to call any witness it believed could assist. Preventing the accused from doing so simply because the prosecution had at some point considered using that person would, he argued, be unfair and inconsistent with defence rights.
Justice Charles Hungwe ultimately allowed Hokinyana to continue with her testimony. The court noted the objection had not been raised before the witness took the oath. Under those circumstances, the judge ruled, she should be permitted to proceed.
The court added that the dispute was not entirely settled. Justice Hungwe stated it would be revisited at a later stage of the trial.
Soldiers’ accounts
Among those who have already testified is Captain Haleeo Makara, who admitted in court that he fired the shot that killed Mahao. He denied acting unlawfully, telling the court he opened fire to protect the leader of the arrest team, the late Captain Tefo Hashatsi, whom he believed was in immediate danger at the time.
Captain Litekanyo Nyakane also testified, acknowledging he participated in the operation at Mokema on 25 June 2015. He told the court the mission was intended to arrest Mahao but ended in a shooting that claimed the former commander’s life.
The defence has used both accounts to support its argument that the operation was an arrest, not an assassination. The prosecution maintains the accused intentionally shot and killed Mahao during the operation at Ha Lekete in Mokema.
The accused include retired army commander Lieutenant General Tlali Kamoli and several former and serving members of the Lesotho Defence Force. In addition to murder, they face charges of attempted murder, theft, and unlawful damage to property.
With Hokinyana now cleared to testify, the trial continues before Justice Hungwe.
By Tholoana Lesenya ยท Lesotho Tribune
