Maseru ___ A case in which some army members are charged with the murder of three men which occurred at Mafeteng in 2012, which was scheduled for hearing today could not proceed as one of the defence lawyers Advocate Zwelakhe Mda (KC) is sick and could not make it to court.

The court has recently heard evidence from several witnesses including Ralinne Mokete who was with the deceased on the night they were killed. He was however not nearby when the killing occurred as, according to his evidence, he had left them along the way and went home, therefore did not identify the killers of how the deceased were killed. He testified that he heard multiple gunshots as he was running towards the next village from where he had left the deceased.

Another witness to have testified is Sub Inspector Mollo of the Lesotho Mounted Police Service (LMPS) who among others testified that he inspected shells found at the crime scene. He stated that results from the ballistic tests revealed that some of the shells came from the same firearm. He however indicated that the firearms used for the kshooting were not submitted for inspection.

The accused in the matter: Litekanyo Nyakane, Khauhelo Makoa, Sebilo Sebilo, Tsepo Tlhakeli and Thebe Tsepe are alleged to have shot and killed the deceased at Ha Motanyane in Mafeteng on April 07 2012.

The other accused excluding Nyakane are currently out on bail which was granted in January last year. They had applied for the bail for the second time before the same court after the previous one was denied in December 2023.

In their application, they complained about unreasonable delay in the matter as well as prison conditions which they said are intolerable, inhabitable and unsafe considering their health conditions.

The new bail application was considered after the court conducted an inquiry into the readiness of the prosecution to continue with the case following several delays. The court then concluded that it will be unfair to keep the accused in jail when there is uncertainty on availability of witnesses.    

The prosecution in this matter is represented by Advocate Mosoeunyane Masiphole. The defence team is made up of Advocates Karabo Mohau (KC), Zwelakhe Mda (KC), Maletsatsi Kao-Theoha and Napo Mafaesa.

The case is before Justice Polo Banyane.

From Lesotho News Agency