MASERU-Captain Litekanyo Nyakane has told the High Court that soldiers did not break any rules of engagement during the 2015 operation in which former army Commander Maaparankoe Mahao was shot and killed.
Nyakane is one of nine Lesotho Defence Force members, together with retired army commander Lieutenant General Tlali Kamoli, who are charged with Mahao’s murder.
Testifying under cross-examination by prosecutor Advocate Lehlohonolo Phooko, Nyakane denied that soldiers caused unnecessary damage or casualties at the scene.
He rejected claims that the army used excessive force when the truck carrying Mahao was shot and damaged. He also denied that Mahao and two others in the vehicle, Mahao Mahao and Mabilikoe, were unnecessarily endangered. The accused are facing attempted murder charges in connection with the two.
Nyakane confirmed that the rules of engagement required soldiers to use firearms only as a last resort and to fire aimed shots to avoid unnecessary casualties and damage.
However, he insisted these rules were followed. Nyakane also denied that the late Captain Tefo Hashatsi, who was leading the arrest team, violated procedure by failing to introduce himself before attempting to arrest Mahao.
He told the court that Hashatsi and Mahao knew each other well because they both served in the Special Forces, and that the incident happened in broad daylight, making formal identification unnecessary.
Nyakane further rejected claims that excessive force was used, despite Mahao being shot three times. He said the team did not breach the rule that arrests must be carried out using minimum force.
During questioning, the prosecutor accused Nyakane of playing a key role in events that led to Mahao’s death.
Advocate Lehlohonolo told the court that if Nyakane had not blocked the truck Mahao was travelling in, Mahao would not have been shot.
Nyakane responded that if Mahao had obeyed Captain Hashatsi’s instruction to get out of the vehicle, he would have been arrested and not killed. Adv. Phooko insisted that had Captain Nyakane not showed the teams the maternal home of Mahao because team members did not of that place, Mahao would have not been killed.
Captain Nyakane replied that, that is not true because some team members already knew of that place as they had worked closely with Mahao.
Mahao was shot dead on 25 June 2015 at Ha Lekete in Mokema.
The accused are also facing additional charges including attempted murder and malicious damage to property.
