Maseru, Jan. 16 — Captain Litekanyo Nyakane, one of the accused 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 insists that none of the rules of engagement were violated during an incident in which the deceased was shot in 2015.
In his evidence during cross-examination by Advocate Lehlohonolo of the prosecution, he denied that there was collateral damage at the scene as a truck in which the deceased was travelling in was shot at and damaged. He further denied that there were unnecessary casualties on Mahao Mahao and Mabilikoe who were in the truck with the deceased when he was shot hence the accused are also charged with attempted murder.
The accused confirmed that one of the rules of engagement was that shooting was to be done as a last resort and that aimed shots must be fired to avoid collateral damage and unnecessary casualties.
He further denied that failure to introduce himself to the deceased by the late Captain Tefo Hashatsi who was leading the arrest teams, was non-compliance to the rule that says he would introduce himself and the rest of the teams would assist him to arrest.
He pointed out that it was not necessary for Hashatsi to introduce himself to Mahao because they knew each other, adding that they were in the special forces. He further added that it was daylight when the incident occurred.
The accused refused to admit that excessive force was used on the deceased when he was shot three times, contrary to the rule that says minimum force should be applied during the arrest.
The prosecutor accused Nyakane of playing a crucial role in the events that led to the death of Mahao.
He stated that if the accused did not obstruct the truck in which Mahao was, thus forcing it to stop, he would not have been shot. The accused responded that if the deceased complied with an instruction from Hashatsi to step out of the truck so he could be arrested, he would have been arrested and not shot.
The accused are alleged to have shot and killed the deceased on June 25, 2015 at Ha Lekete in Mokema. They are facing several other charges in relation to this matter comprising attempted murder and malicious damage to property.
The case is before Justice Charles Hungwe.
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