Maseru, July 31– Advocate Letuka Molati, one of the defence lawyers in a case in which nine members of the Lesotho Defence Force (LDF) including Retired Army Commander Lieutenant General Tlali Kamoli, are charged with the murder of Maaparankoe Mahao, says evidence of a character is not allowed.
This he said while the wife of the deceased Mrs. Mamphanya Mahao was testifying as one of the state witnesses.
He stated that the evidence of the witness is in the Law of Evidence termed ‘evidence of a character’. He pointed out that when the witness is done testifying, and before cross-examination, he will address the court and request that the evidence be expunged from the record.
Adv. Lehlohonolo Phooko, one of the prosecutors in this matter indicated that through the evidence of the wife of the deceased, the prosecution is trying to prove the circumstantial value of what transpired. He said although circumstantial is not direct, it is relevant. He added that the evidence is not hear-say.
He emphasised that they are not interested in the truthfulness of what has been said but the circumstantial value of the evidence presented. He said there is going to be an inference consistent with the proved facts that the deceased has been killed and that the accused were part of the army members who carried out an operation to arrest.
The wife of the deceased has in her evidence told the court that her late husband told her that there were some army members who did not like it when he joined the LDF indicating that there was no place for the academics in the military. She added that he also told her that his training was not easy, adding that Kamoli was a bully and had been pestering him since he joined the army.
She testified that the deceased also told her that there was an occasion in which, while at a military parade, Kamoli told him that he would not stay in the army adding that it would be difficult for him until he returned to Speedy Complex. . . .
Ends/SM
