Maseru — The High Court through Justice Ts'eliso Mokoko, has on Monday denied a bail application by Foliki Makhutle who is charged with the murder of Secretary-General of the Lesotho Nurses Association Morephe Santi.

In its judgment stated that it would not be in the interest of justice to release the petitioner on bail as his release may jeopardise the case against him adding that there is 'a reasonable likelihood' that he might intimidate and influence state witnesses.

"I am not satisfied that the petitioner has satisfied the Court, adopting a holistic approach, that he discharged the evidentiary burden on a balance of probabilities that exceptional circumstances exist in his favour to admit him to bail," said the Court.

Advocate Lehohonolo Phooko who was representing the prosecution in a bail application had argued that the interest of justice and that of the public outweigh the right of the petitioner to get bail. He stated that there is an outcry from the public which should be considered by the court. He added that a sense of peace and security may be undermined if the petitioner is granted bail. Adv. Phooko further argued that the petitioner is charged with a serious offence which attracts severe penalties including capital punishment.

He added that the nature of the offence has caused shock to the community from the area in which it was committed.
He pointed out that there is a likelihood that the petitioner will intimidate and interfere with state witnesses. He said the petitioner is aware of the identity of witnesses as one of them is his girlfriend and another his employee, therefore he might influence them if he is released on bail.

A lawyer representing the wife of the deceased who filed an application for intervention, Adv. Napo Mafaesa, argued that it will not be in the interest of justice to admit the petitioner to bail. He stated that the community has threatened to take the law into their own hands if the petitioner is granted bail.

He indicated that the petitioner who claims self-defence, does not have a defence to the charge against him. He emphasised that a defence must be proportionate to the attack.

He added that the wife of the deceased is entitled to oppose the bail application because she is a victim of crime. "The court will not be faulted in coming to a conclusion to deny the petitioner bail", said the lawyer. He said the petitioner should wait until he is convicted or exonerated adding that the matter has already been indicted thus indicating that it will be dealt with soon.

Legal Representative for the petitioner Adv. Souru Malabulabu indicated that his client should be presumed innocent until proven otherwise. He said denying him bail will be discriminatory. He pointed out that no evidence has been placed before the court to prove that the petitioner is capable of violating his bail conditions.

He said the Court has liberty  and discretion to grant bail adding that it should not be influenced by the pressure from the public. Adv. Malabulabu stated that there are exceptional circumstances which may persuade the court to admit the petitioner to bail.

He suggested that strict bail conditions such as directing the petitioner to mprovide surety as well as surrender his travel documents to the Clerk of Court be included. Santi was allegedly shot and killed by the petitioner on April 10 2026 near Mookoli in Berea following an altercation between them.

Reports show that the deceased and the petitioner, who were friends, got into a fight after the deceased requested his tools and payment from the petitioner.