Former Army Commander Lieutenant General Tlali Kamoliand some of his co-accused in the high-profile murder case of former Lesotho Defence Force (LDF) commander, Lieutenant General Maaparankoe Mahao, have failed in their attempt to be acquitted.
The accused, who had applied to be discharged from the case because the prosecution had not presented enough evidence against them, were dealt a blow this week when Justice Charles Hungwe dismissed their application.
The ruling means that Kamoli and the other accused will have to take the stand and defend themselves in the trial that has captured national attention for years.
Delivering judgment, Justice Hungwe said the court was satisfied that the prosecution had established a prima facie case, meaning that on the face of it, there is sufficient evidence that requires the accused to respond.
“The court is satisfied that the threshold has been met,” Justice Hungwe said.
“There is a case for the accused to answer. Their application for discharge, therefore, fails.”
The decision confirms that the trial will proceed, with the accused now expected to enter their defence.
In arguments opposing the discharge, state prosecutor Advocate Rethabile Setlojoane insisted that the evidence led so far in the trial points directly to the accused’s involvement in the killing of Mahao.
He said all the accused knowingly associated themselves with the unlawful operation that led to Mahao’s death even though it was disguised as an arrest mission.
According to Setlojoane, Kamoli, who was the army commander at the time, was fully aware of the operation.
“He was the commander when the deceased was killed. He knew about the operation, but did nothing to stop it,” he said.
The prosecution further argued that even if Kamoli was not physically present at the scene, he could not be pardoned from responsibility.
“He equally associated himself with the unlawful activity,” Setlojoane told the court.
He said the state had successfully presented enough witnesses and evidence to show that each of the accused had a role to play, whether by planning, authorising or carrying out the mission. For that reason, he asked the court to dismiss the application for discharge and order the accused to enter their defence.
The defence lawyers, however, strongly disagreed. They argued that the prosecution’s case was weak and that their clients should not be forced to defend themselves when no direct evidence linked them to Mahao’s death.
Advocate Silas Ratau, representing accused soldier LitekanyoNyakane, told the court that his client was simply a driver during the operation and had nothing to do with the actual killing.
“There is no evidence upon which the court might convict Nyakane,” he said.
“Yes, he was present, but he never participated in the killing of the deceased. He was only driving.” Another defence lawyer, Attorney Qhalehang Letsika, also argued that his client, Lekhooa Moepi, had no case to answer.
He said no witnesses had suggested that Moepi was part of any meeting where Mahao’s killing was planned.
“There is no evidence that places him at the crime scene where the deceased was killed,” Letsika told the court.
According to him, the absence of direct evidence meant that Moepi should have been discharged from the case.
Despite these arguments, Justice Hungwe found that the evidence presented by the prosecution was enough to justify keeping all the accused in the dock. The judge stressed that the purpose of the trial is to weigh all the facts and for that to happen, the accused must give their side of the story under oath.
The decision was a huge setback for the defence which had hoped to have some of the accused freed at this stage. Instead, the court’s ruling tightened the noose on Kamoli and his co-accused, making it clear that the murder case against them is far from over.
With the court’s ruling, the trial now moves into a new phase, where the accused will be required to present their defence. They may choose to testify themselves, call witnesses or both.
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