MASERU
The High Court, presided over by Chief Justice Sakoane Sakoane, has granted a postponement in the ongoing criminal trial of two prominent lawyers who are facing serious charges of theft, money laundering, abuse of power and contravening the Companies Act of 2011.
The case involves attorneys Moroesi Tau Thabane and John Mosuoe, who were appointed as co-liquidators of Presitex, a company that was under liquidation. The prosecution alleges that during the liquidation process, the two lawyers acted unlawfully by assisting Presitex Director Madhav Visant Delvi to devalue the company and later purchase it at a significantly reduced price.
During Thursday’s proceedings, lead prosecutor Advocate Jay Naidoo requested that the matter be postponed, arguing that the prosecution urgently requires a full transcribed record of the evidence given by the first witness in the trial. He explained that the evidence of this witness is crucial and may influence the entire direction of the case.
Adv. Naidoo told the court that when the trial first started, it was handled by junior prosecutors who took down notes during the testimony of the first witness. However, he said those notes are not comprehensive enough to assist him in making informed decisions. For that reason, he requires a complete official record.
He emphasised that his intention is not to delay the case unnecessarily, but rather to ensure that the prosecution proceeds carefully and fairly. He further revealed that once the record is obtained, he will consider filing a formal application to have the first witness recalled to the stand for further questioning.
“The first witness is pivotal to the prosecution’s case. His testimony has a direct impact on the evidence that is yet to be presented,” said Naidoo. “We need the transcribed record so that we can make an informed decision about how to proceed. The application to recall this witness, if granted, will have a profound effect on the future of this case.”
Adv. Naidoo further argued that it is important for the court to deal with the first witness’s evidence before calling any other witnesses. He reminded the court that while the accused has a constitutional right to a fair trial, the prosecution also has an equal right to properly prepare and present its case.
He dismissed the suggestion that the request for postponement was merely a delaying tactic, stressing that the seriousness of the charges warrants careful handling. “These charges are not minor. They involve allegations of theft, money laundering, and abuse of power. It is in the interest of justice that the matter is thoroughly examined,” he said.
Naidoo also assured the court that there is minimal prejudice to the accused since they are currently out on bail. Unlike other long-standing matters on the court roll, he said, this case has not been pending for an unreasonably long period.
After considering the arguments, Chief Justice Sakoane granted the postponement, paving the way for the prosecution to obtain the necessary records before deciding on the next steps.
The case, which has attracted public interest due to the profile of the accused and the serious nature of the charges, is expected to resume once the record of proceedings has been prepared and submitted.
You have 1 free article left this month. Create a free account for 15 articles/month.
Create free account
