Maseru, Mar. 20—- Nthei Rasekoai and ‘Maphoka Rasekoai who are charged with the murder of their mother Martha Rasekoai, are on Monday next week expected back before the High Court.
The court is on that day expected to deliver its ruling on an application in which the defence requested the court to hold a trial within trial in order to test the admissibility of the evidence obtained by the prosecution.
The application resulted from an objection raised by the defence which argued that Moneri Mochochoko, Senior Specialist in Management Information Systems from Vodacom Lesotho, should not continue to testify about the cell phone records of the accused.
In motivating the application, defence lawyer Advocate Makhabane Masupha, argued that the accused did not consent to their cell phone records to be accessed. He added that they were not made party to the proceedings before the magistrate court where a court order was sought for Vodacom Lesotho to release the record.
He emphasised that the record was unconstitutionally obtained and in violation of the right to privacy which is protected under section 11 of the Constitution of Lesotho, hence a need for the court to hold a trial within trial.
Adv. Lehlohonolo Phooko, for the prosecution, argued that it is not proper to challenge a constitutional issue before a criminal court. He added that there was no need for the accused to be cited in the application for the court order. He asked the court to dismiss the application.
The Rasekoai sisters are alleged to have killed their mother on July 25 2022 at their home in Masowe and dumped her body in a donga where it was later discovered. It is alleged that they used a Nissan X-Trail vehicle to transport the body of the deceased to the dumping place. There are also allegations that one of the accused was using a phone belonging to the deceased at the time when she was said to be still missing.
The accused have pleaded not guilty to the charge. They maintain that they were tortured into making admissions and pointing outs in relation to the murder of their mother.
The case is before Justice ‘Maliepollo Makhetha.
Ends/SM/BM
