Maseru, Jan. 21 — Today during the proceedings in a case in which nine army members are charged with the murder of Maaparankoe Mahao, there was an argument between the prosecution and the defence about who should first cross-examine a witness called by the defence.
The court had earlier this week during the evidence of one of the accused, Captain Litekanyo Nyakane directed that after he testifies, the defence lawyers will ask him questions following which the prosecution will cross-examine him.
Today’s arguments came after the second defence witness Corporal Molise Molieleng completed his evidence in chief. The defence argued that the prosecution has to start the cross-examination and the defence lawyer come after, while the prosecution said they should be the last to cross-examine the defence witness.
Advocate Letuka Molati, one of the defence lawyers argued that it is irregular for the prosecution to cross-examine the defence witness after the defence lawyers have done so.
“The defence lawyers should cross-examine after the prosecution,” he insisted.
He pointed out that an accused person can cross-examine any witness called by the prosecution, an accused who testifies in defence and a witness called by the defence.
He emphasised that an accused has a right to adduce or challenge evidence.
Adv. Qhalehang Letsika also part of the defence team, stated that section 171 of Criminal Procedure and Evidence Act states that ‘every person charged with an offence is entitled to make his defence at his trial and to have the witnesses examined and cross-examined by his counsel or other legal representative’.
He said the court is entitled to reconsider its ruling.
Adv. Lehlohonolo Phooko for the prosecution admitted that the Criminal Procedure and Evidence Act is silent on the issue.
He however stated that there are authorities from South Africa which support an argument that the defence witness may be cross-examined by the accused before the prosecution does. He accordingly argued that the prosecution should be the last to cross-examine the defence witness.
The court ruled that the procedure which was initially suggested will be the one to be followed. It thus ordered that the defence should question the witness.
The accused in the matter including Retired Army Commander Lieutenant General Tlali are alleged to have shot and killed Mahao at Ha Lekete in Mokema on June 25, 2015.
They are also charged with attempted murder, theft and unlawful damage to property.
The case continues before Justice Charles Hungwe.
Ends/SM/tl
