Duo co-accused with Kamoli granted bail

RELEBOHILE TSOAMOTSE

MASERU – Prosecution’s sluggish pace is impeding the progress of high-profile cases involving members of the Lesotho Defence Force (LDF) and police officers who have been incarcerated for over six years. The main issue lies in witnesses failing to appear on scheduled court dates, resulting in frequent trial postponements. These delays not only prolong the arbitration process but also contribute to a backlog of cases remaining unresolved by the end of each judicial year.

The absence of witnesses, compounded by the prosecution’s inability to present subsequent witnesses, has even led to the release of certain accused individuals on bail. Just this week, the prosecution’s unpreparedness to proceed with a treason trial involving jailed retired army commander Lieutenant General Tlali Kamoli and three other soldiers led to the release of two of the accused on bail.

High Court Judge ’Maliepollo Makhetha granted Leutsoa Motsieloa and Motloheloa Ntsane M10,000 bail each, along with M70,000 worth of surety, on Monday of this week, following their application for bail. Their co-accused, Captain Litekanyo Nyakane and Kamoli, refrained from applying for bail due to their involvement in multiple other cases. Kamoli faces charges related to his predecessor, Lieutenant Maaparankoe Mahao’s murder, and the bombings targeting then Prime Minister Thabane’s fiancée, Liabiloe Ramoholi. Nyakane, likewise, is implicated in the killing of three civilians in Mafeteng in 2012 and Mahao’s murder.

While Justice Makhetha’s detailed judgment will be available later, it was ruled that the persistent delays are prejudicial to the accused. Moreover, the prosecution failed to substantiate the allegations against Motsieloa and Ntsane in their bail applications. The release of the pair occurred after the prosecution was unable to present the next witness on their list, owing to the absence of former Principal Secretary (PS) Colonel Tanki Mothae. Mothae, a crucial state witness, claimed that the Director of Public Prosecution (DPP) office did not notify him early enough about the court date. Judge Makhetha subsequently issued a warrant for the arrest of Mothae in an effort to secure his presence in court. On the same day, the judge expressed her inclination to grant bail to the accused individuals due to the apparent lack of readiness on the part of the prosecution to proceed with the case. She said every instance of postponement was attributed to the prosecution’s unpreparedness. Justice Makhetha underscored the prolonged detention of the accused, stating that if the conduct of the DPP office did not improve, she would consider releasing them. In granting bail to Motsieloa and Ntsane, Justice Makhetha stipulated that they must attend the trial until its conclusion and refrain from tampering with witnesses.

Additionally, they were ordered to report to the Maseru Central Charge Office every Friday between 8:00 a.m. and 4:00 p.m. Furthermore, they were instructed to surrender their travel documents to the investigating officer and seek permission should they need to leave the jurisdiction of the Maseru High Court. The duo, along with their then-commander Kamoli and politicians Mothetjoa Metsing and Selibe Mochoboroane, face charges of treason. It is alleged that they conspired to overthrow the government of then Prime Minister Motsoahae Thomas Thabane through a planned coup on August 29 and 30, 2014, during which police Sub Inspector Mokheseng Ramahloko was killed by soldiers raiding police stations. The trial has been postponed to April 22.

In a separate case, Judge Polo Banyane expressed scepticism regarding the prosecution’s readiness to bring to a conclusion a trial involving five soldiers charged with the 2012 murder of three civilians in Mafeteng. Consequently, she granted bail to the accused individuals in January of this year. Four of the accused, Lance Corporals Khauhelo Makoae, Sebilo Sebilo, and Privates Tšepi Tlakeli and Thebe Ntšepe, were required to pay a M5,000 bail deposit, provide a M25,000 surety, and surrender their travel documents to the Registrar of the High Court. Justice Banyane said the trial had been postponed for two years due to witness unavailability and pledged not to delay it further for the same reason. The trial has been rescheduled for August 5.