Maseru, May.29 ___ The High Court through Justice Charles Hungwe has on Friday dismissed an application for discharge which was instituted by five army members accused of the 2014 bombings.

The accused who include Retired Army Commander Lieutenant General Tlali Kamoli had moved the application pursuant to section 175 (3) of Criminal Procedure and Evidence Act.

In his judgment, the presiding judge stated that the evidence presented by the prosecution against the accused is of sufficient weight to warrant the accused to present their case.

"The Crown has adjured enough evidence upon which a reasonable court might convict", he said.

He remarked that discharge is warranted when there is no evidence  or if the evidence presented is unreliable or discredited to the extent that no reasonable court might act on it. He indicated that a bare denial does not constitute discharge.

The accused, through their lawyers, had in the application argued that there is no evidence that links them to the offences they are charged with. They added that the prosecution has failed to establish a case for them to answer, consequently, they deserve to be acquitted.

The prosecution argued that the evidence presented before court is enough, adding that the accused have a case to answer.

The Retired Army Commander is in this case charged together with Pitso Ramoepane, Litekanyo Nyakane, Mohlalefi Seitlheko and Heqoa Malefane.

They are charged with attempted murder, risk of injury, aggravated assault and malicious damage to property.

Kamoli is in this case accused of issuing illegal superior orders and obstruction of justice.

It is alleged that they committed the offences at the home of Liabiloe Ramoholi, now 'Maesiah Thabane, at Moshoeshoe II and that of Former Commissioner of Police (COMPOL) Dr. Khothatso Ts'ooana.

The accused are represented by Advocates Karabo Mohau (KC), Letuka Molati, Kabelo Letuka, Napo Mafaesa and Rasekoai Thoahlane while the prosecution is represented by Advocates Rethabile Setlojoane and Motene Rafoneke.
 

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