The High Court has dismissed a discharge application by five army members accused in connection with the 2014 bombings, ruling that the prosecution presented sufficient evidence for the trial to continue and that the accused must now open their defence.
By Tholoana Lesenya
The High Court this week dismissed an application for discharge filed by five army members accused in connection with the 2014 bombings case.
The ruling was delivered by Justice Charles Hungwe, who said the prosecution had presented enough evidence for the matter to continue. The court found that the accused persons still have a case to answer and must now present their defence.
Among the accused is former army commander Lieutenant General Tlali Kamoli. The others are Pitso Ramoepane, Litekanyo Nyakane, Mohlalefi Seitlheko and Heqoa Malefane.
The five had approached the court seeking discharge under Section 175(3) of the Criminal Procedure and Evidence Act. Their lawyers argued that the prosecution had failed to provide evidence linking them to the offences before court, and that after the state closed its case, there was no sufficient basis for the accused to be placed on their defence.
“The Crown has adduced enough evidence upon which a reasonable court might convict.”
Justice Charles Hungwe, High Court
Justice Hungwe dismissed those arguments, explaining that at this stage of the proceedings the court was only required to determine whether there was evidence upon which a reasonable court could possibly convict, not to evaluate the full weight of the state’s case.
He further explained that a discharge application can only succeed where there is no evidence at all against the accused, or where the evidence is so weak, unreliable or discredited that no reasonable court would rely on it. He added that simply denying the allegations is not sufficient to justify a discharge.
The case relates to bomb attacks that allegedly took place in 2014 at the homes of senior figures, including former First Lady Liabiloe Ramoholi, now known as ‘Maesaiah Thabane, and former Police Commissioner Dr. Khothatso Tšooana. The charges include attempted murder, risk of injury, aggravated assault and malicious damage to property, in connection with incidents at properties in Moshoeshoe II.
The prosecution had strongly opposed the discharge application, arguing that witnesses who testified during the trial had already provided evidence linking the accused to the offences. State lawyers maintained that the court should not evaluate the entire strength of the case at this stage, but only determine whether there was evidence connecting the accused to the alleged crimes.
After considering arguments from both sides, the court agreed with the prosecution and ruled that the trial should continue.
The matter has attracted sustained public attention because of its connection to the political and security instability that affected Lesotho in 2014. The bombings and related incidents resulted in a series of criminal cases involving members of the military and police.
The ruling clears the way for the accused to present their side of the story before court. Throughout the proceedings, all five have maintained their innocence.
Court details
| Presiding judge | Justice Charles Hungwe |
| Venue | High Court, Maseru |
| Prosecution | Advocates Rethabile Setlojoane and Motene Rafoneke |
| Defence | Advocates Karabo Mohau KC, Letuka Molati, Kabelo Letuka, Napo Mafaesa and Rasekoai Thoahlane |
| Charges | Attempted murder, risk of injury, aggravated assault, malicious damage to property |
The accused
| Name | Position |
|---|---|
| Lt. Gen. Tlali Kamoli | Former army commander |
| Pitso Ramoepane | Army member |
| Litekanyo Nyakane | Army member |
| Mohlalefi Seitlheko | Army member |
| Heqoa Malefane | Army member |
The defence case is expected to begin before the High Court following the dismissal of the discharge application.
