Maseru, Aug. 28—- The High Court through Chief Justice Sakoane Sakoane has on Thursday granted a postponement sought by the prosecution, in a case against two lawyers, involving several charges of theft, money laundering, abuse of power and contravening the Companies Act 2011.
It is alleged that Moroesi Tau Thabane and John Mosuoe who were appointed as co-liquidators of Presitex, unlawfully assisted Director of Presitex Madhav Visant Delvi to devalue and buy Presitex at low cost.
A lead prosecutor in this case Advocate Jay Naidoo told the court that he needs the postponement as well as a record of proceedings on the evidence of the first witness in the case. He stated that he needs to study the evidence after which he will consider filing an application to have him recalled.
He indicated that the notes from the junior prosecution lawyers who were handling the matter when it commenced are not comprehensive, hence the need for the transcribed record.
Adv. Naidoo emphasised that the first witness is a pivotal witness to the prosecution’s case adding that his evidence may impact on the evidence yet to be led. He remarked that the request for the record is not an excuse. He added that they need it to make an informed decision about where the case lies. He added that the application to recall the witness will have a profound effect on the future of the case.
He insisted that it is imperative that he deals with the evidence of the first witness before the case goes to any other witness. He said the charges against the accused are serious. He argued that as the accused have a right to a fair trial, the prosecution enjoys the equal right. He said the matter has not been on the roll for a long time like other matters adding that the prejudice is minimal because the accused are on bail.
