Maseru, Mar. 06 — There were mixed reactions at the High Court today when Magistrate Nthabiseng Moopisa took a stand in the ongoing Mohale Dam Murder Trial.
Advocate Qhalehang Letsika, one of the defence lawyers stated that arrangements should have been made for calling that type of witness.
Legal representative for the prosecution Adv. Motene Rafoneke indicated that the defence was informed when abstracts were given to them that the type of witness might be called to give evidence.
The Court through Justice Moroke Mokhesi asked if it was really necessary to call the magistrate at the current stage of the trial.
The case was adjourned for a short period so that the defence team together with the prosecution could discuss the issue. Following the adjournment, they reported to the court that they could not reach a compromise.
The case was further adjourned until after lunch so that the prosecution could make some considerations.
The magistrate took a stand following a Clerk of Court from the Maseru Magistrate’s Court Mr. Atang Mampa who described a procedure followed when one goes for confession at the Magistrate Court.
In his evidence, the witness insisted that no one goes before a magistrate to make the confession without involvement of the office of the Clerk of Court. He however indicated that there are no official records on confessions made at the court therefore he would not know if the accused in the matter came for confessions.
He pointed out that he does not know the circumstances under which the accused in the matter made confessions.
Meanwhile, cross examination of Inspector Seutloali who came before Mr. Mampa has been interposed as he had a family medical emergency. The court stated that he will continue with his evidence when he is done attending to the emergency.
The case is currently in a trial within trial which is intended to assist the court to establish admissibility of evidence that the admissions, confessions and pointing out made by the accused in the matter were free and voluntary.
This is after the defence alleged that the accused were assaulted by the police during investigation of the case. They added that they were forced into making the confessions, admissions and pointing out.
Evidence before court has indicated that, following their arrest, the accused admitted to kidnapping and killing the deceased in the matter. It is stated that they voluntarily directed and took the police to Setibing where they committed the offences which they are charged with.
It is added that they also took them to Ha Mohale where they pointed out a spot where they dumped the bodies of the deceased.
The accused in the matter are alleged to have acted in concert and in furtherance of a common purpose and strangled Lekhoele Noko, Khothatso Makibinyane and Molise Pakela to death during incidents that happened at Setibing in Maseru on May 16, 2017.
It is alleged that following the killing, they dumped their bodies into the Mohale Dam from which they were later retrieved.
They are also facing charges such as conspiracy to murder, unlawful detention and issuing superior orders to unlawful detention as well as to kill.
