MASERU — A High Court judge has withdrawn from a murder case involving seven accused persons after disclosing that she had previously represented them in the same matter.
Justice ‘Mabats’oeneng Hlaele recused herself from the case this week shortly after proceedings had begun. The accused persons are facing charges arising from the death of Moeketsi Nkaleche, but they have already pleaded guilty to the lesser charge of culpable homicide.
The unexpected development occurred while the court was listening to the first statement presented by the Crown. As the prosecution began outlining the facts of the case, Justice Hlaele interrupted the proceedings to seek clarity on the matter before her.
She asked whether the case being presented was the one involving a woman who had allegedly stated that her lover stabbed her husband with a knife. Attorney Qhalehang Letsika, appearing on behalf of the accused persons, immediately confirmed that it was indeed the same case.
Following that confirmation, Justice Hlaele disclosed that she was familiar with the matter. She explained that before her appointment to the bench, she had been involved in the case as a legal practitioner and had represented the accused persons during their bail application.
In light of that prior involvement, the judge stated that she could not continue presiding over the matter, as doing so would create a conflict of interest.
She explained that, according to legal principles and judicial practice, a judge must approach a case without prior knowledge or involvement in order to remain impartial. Any previous connection to a matter, especially one involving representation of the accused, could compromise that neutrality.
“In this case, there will be bias in any way I may judge the matter, as I was representing the accused during their bail application while I was still in practice.”
Justice Hlaele added that under the circumstances, she had no choice but to withdraw from the case. She also apologised to the court and the parties involved for any delay that her recusal might cause.
“I therefore recuse myself from this matter and sincerely apologize for the delay this may cause.”
Her decision means that the case will now have to be reassigned to another judge, which may result in further delays before the trial can proceed.
The case itself revolves around the death of Moeketsi Nkaleche, whose relationship with one ‘Malekhanya Ntitsane is central to the events leading up to the incident.
According to the facts presented before the court, Nkaleche is said to have been involved in a romantic relationship with Ntitsane. On the day in question, he reportedly went to her home, where he insisted on buying her alcohol. The two are said to have consumed three bottles of beer together before purchasing more and continuing to drink.
While they were still at the house, Ntitsane’s husband, Thabo Mokabo, arrived and attempted to enter. However, he was unable to gain access because Ntitsane did not open the door for him.
It is further alleged that Ntitsane’s sibling, identified as ‘Mafusi, told Mokabo to leave, as he was making noise outside the house. Mokabo then left the premises.
At some point later, Nkaleche also left the house. Ntitsane reportedly followed him but she was going to one Motaneso, where she spoke to him about the situation involving her husband. She is said to have told Motaneso to tell Thabo to stop coming to her home, as her siblings did not approve of his visits.
After that conversation, Ntitsane returned home. However, according to her account, she did not realise that Nkaleche had also gone back to the house.
She told the court that upon her return, she discovered that her husband had been stabbed. She further stated that Nkaleche was inside the house holding a knife that was stained with blood.
These events form the basis of the case against the seven accused persons, although the full details of how each of them is alleged to have been involved were not immediately outlined during the brief proceedings.
The accused have pleaded guilty to culpable homicide, which means they admit to causing the death of Nkaleche, but without the intention required for a murder conviction.
The case had been set to proceed with the presentation of evidence and further details from the prosecution when the issue of the judge’s prior involvement arose.
For the accused persons and the families involved, the delay means they will have to wait longer for the matter to be concluded. However, ensuring that the case is heard by a judge who has no prior connection to it is considered essential for a fair outcome.
The High Court is expected to assign the case to another judge, after which proceedings will resume.
Until then, the matter remains pending, with all parties awaiting the next stage in the process.
The incident itself, involving a complex web of relationships and events, continues to draw attention, particularly given the circumstances under which the fatal stabbing occurred.
As the case moves forward under a new judge, more details are expected to emerge, shedding further light on what led to Nkaleche’s death and the role played by each of the accused persons.
— Lesotho Tribune | Courts & Justice
