Maseru, Oct. 02 — Some of the accused persons charged with the murder of Maaparankoe Mahao, including Former Army Commander Lieutenant General Tlali Kamoli, who had applied for discharge, have on Thursday lost their bid for acquittal as the court dismissed their application.
In his judgment, a judge presiding over the case, Justice Charles Hungwe stated that the court is satisfied that a threshold of prima facie case has been met. He indicated that there is a case for the accused to answer, therefore their application for discharge fails.
In his arguments on the application, a prosecutor in this matter Advocate Rethabile Setlojoane stated that the prosecution has been able to present enough evidence that will necessitate all the accused to take the stand and testify. He argued that all the accused associated themselves with the commission of the crime on the pretext to effect an arrest.
He indicated that Kamoli was the commander on the day the deceased was killed. He added that he was aware of the operation, but he did nothing about it. He further added that even if he was not at the scene, he cannot be absolved.
He emphasised that he equally associated himself with the unlawful activity.
He submitted that the prosecution has established a case against the accused. He thus asked the court to dismiss the application for discharge and call the accused to enter their defence.
Adv. Silas Ratau, one of the defence lawyers, argued that there is no evidence upon which the court might convict one of his clients, Litekanyo Nyakane.
He said the prosecution has not proved his participation in the offences charged. He pointed out that Nyakane was just a driver in the operation which was authorised adding that although he was at the scene, he never participated in the killing of the deceased.
Attorney Qhalehang Letsika, also one of the defence lawyers, argued that there is no prima facie case upon which the court might convict his client Lekhooa Moepi.
He said no single witness suggested that he was present in a meeting where it was planned to kill or harm the deceased. He added that there is no evidence that places him at the crime scene where the deceased was killed.
