Maseru, Jan. 12 — Retired Commissioner of Police (COMPOL) Molahlehi Letsoepa who stands accused with others, for the murder of Police Constable Mokalekale Khetheng, was on Monday granted bail by the High Court after his previous bail was reviewed and set aside by the Court of Appeal.
The High Court through Justice Mafelile Ralebese directed that Letsoepa pays M7,000.00 bail deposit adding that he should stand trial to finality. The Court further added that he should not interfere with witnesses and that he should report himself to the Police Headquarters every last Friday of the month.
Letsoepa was on July 03 2025 granted by the same court. Unsatisfied with this decision by the High Court, the relatives of Khetheng filed an appeal against it.They questioned the legality of the proceedings that took place ‘in secrecy in chambers’. They argued that the bail proceedings happened in chambers adding that they were not involved although they had direct and substantial interest in the matter.
The appeal was successful as it was upheld by the Court of Appeal.
The Court of Appeal reviewed and set aside the order of the High Court admitting Letsoepa to bail and declared the proceedings a nullity. It ordered that the case be remitted to the High Court to consider the bail application afresh and in open court according to norm. It ruled that in the absence of exceptional circumstances, entertaining bail applications in chambers is irregular and the proceedings a nullity.
Before the High Court could proceed with the second bail hearing, it heard arguments on the implication of the order of the Court of Appeal as the prosecution argued that it meant the hearing should be before a different judge while the petitioner was of a contrasting view.
The presiding judge, Justice Ralebese ruled in favour of the petitioner indicating that there is nothing in the order of the Court of Appeal to indicate that the bail hearing should be before a different judge. She further indicated that if the court wanted for fresh papers and arguments to be filed, it could have indicated so. She thus said there is no basis for filing of new or additional papers in this matter.
She pointed out that the Court of Appeal only nullified the hearing and the judgment after it made a finding that there were procedural irregularities but did not nullify the processes because they were not impugned.
The Retired COMPOL who had left Lesotho in 2017, returned in 2025 and reported himself to the authorities. He was arrested and he successfully applied for bail before the High Court but the Khetheng family asked for review of the bail before the Court of Appeal. He was then re-arrested and committed back into custody after the appeal was successful.
The trial against his co-accused Retired Senior SuperintendantThabo Tsukulu, Senior Inspector Mothibeli Mofolo, Senor Inspector Mabitle Matona and Sub-Inspector Haleokoe Taasoane is pending before the High Court as it commenced while he was still at large.
Ends/SM/tl
