The High Court has questioned the credibility of a key prosecution claim that a meeting was held at the Military Intelligence (MI) headquarters to plan the murders of three men in 2017.
The case involves ten members of the Lesotho Defence Force (LDF) accused of murder, conspiracy, and unlawful detention.
Presiding Judge Moroke Mokhesi highlighted inconsistencies in witness testimony, particularly from Captain Litsietsi Monyeke, who alleged that a meeting at LDF headquarters on 14 May 2017 included orders to kill the victims.
However, evidence showed that some purported attendees were in South Africa at the time, undermining the prosecution’s narrative.
“It also becomes apparent in the ensuing discussion that it is doubtful that a meeting was held at MI headquarters where a plan was hatched to kill the suspects,” read the judgement.
“Under cross-examination, PW11 (Captain Litsietsi Monyeke) was confronted with the evidence of Senior Inspector Khatleli (PW1) which is to the effect that on 14 May 2017, from 0800hrs to 1600hrs all the investigators, including PW11, were at Pitso Ground conducting interviews on the suspects until they knocked off at 1600hrs.
“PW27 (Liphoso) also confirmed under cross-examination that the investigators conducted interviews from 0800hrs until after 1600hrs when they all knocked off,” the judgement further read.
The judge indicated that, despite these contradictions, the Crown did not call as witnesses the individuals who are alleged to have been in that meeting to corroborate Monyeke’s version.
He further mentioned that Monyeke further told the court that when he left the meeting at MI headquarters on 14 May 2017, he went straight to Makoanyane barracks, but when he was confronted with Khatleli’s evidence that he was at Pitso Ground from 08:00 a.m. to 4:00 p.m. he changed tack and said he could have gone back to Pitso Ground after the meeting.
“The application in terms of Section 175(3) of the Criminal Procedure and Evidence Act 1981 in respect of A1 (Rapele Mphaki), A2 (Pitso Ramoepana), A4 (Mahlehle Moeletsi), A5 Mahlomola Mokhoali), A6 (Nthathakane Motanyane), A7 (Motšoane Machai), A8 (Liphapang Sefako) and A9 (Nemase Faso) succeeds, and these accused are discharged on all counts against them in terms of the same section,” read the judgement.
Only two accused, Lekhooa Moepi (Accused 3) and Tieho Tikiso (Accused 10), will stand trial for murder and unlawful detention.
“The application in terms of Section 175(3) of the Criminal Procedure and Evidence Act 1981 in respects of A3 fails in respect of the following counts:
- Three counts of murder of Lekhoele Noko, Molise Pakela and Khothatso Makibinyane.
- One count of unlawful detention of Lekhoele Noko,” the judgement read.
It added: “The application in terms of Section 175(3) of the Criminal Procedure and Evidence Act 1981 in respect of A10 fails in respect of the following counts:
- Three counts of murder of Lekhoele Noko, Molise Pakela and Khothatso Makibinyane,” the judgement read.
The Crown alleges that all the accused are guilty of murdering three men, Khothatso Makibinyane, Lekhoele Noko, and Molise Pakela, in violation of Section 40(1), read with Sections 26(1) and 40(2) of the Penal Code Act, 2010 (Act No. 6 of 2012).
It is alleged that on or about 16 May 2017, near Setibing in the district of Maseru, the accused acted together with a shared intention to unlawfully and intentionally kill the three men by strangling them and disposing of their bodies in Mohale Dam.
The deaths are said to have resulted from the actions or omissions of the accused.
In the alternative, the Crown alleges that all the accused conspired to murder the three men, in violation of Section 25, read with Sections 40(1) and 40(2) of the Penal Code.
This conspiracy is alleged to have occurred around mid-May 2017, at or near Ha-Ratjomose, Setibing, or other unspecified locations in Maseru district. The accused are said to have acted unlawfully and intentionally in forming this conspiracy, which ultimately led to the deaths.
The Crown further alleges, as a second alternative, that Accused 1 and Accused 2 incited the murders, in violation of Section 23(1), read with Sections 40(1), 23(2), 23(3), and 40(2) of the Penal Code.
They are accused of counselling, procuring, or encouraging Accused 3 to 10 to commit the murders in or around mid-May 2017, at or near Ha-Ratjomose, Setibing, or other places unknown to the Crown.
As a third alternative, the Crown alleges that Mphaki and Ramoepana, who held senior positions within the LDF Military Intelligence, issued unlawful orders to Moepi and Tikiso to murder the three men.
This charge falls under Section 18(1), read with Sections 40(1) and 40(2) of the Penal Code. The alleged orders were issued around mid-May 2017 at Ha-Ratjomose, Setibing, or other unknown locations in Maseru.
The Crown also charges all the accused with unlawful detention of the three victims, in violation of Section 47(2) read with Section 109 of the Penal Code.
It is alleged that in mid-May 2017, in Maseru district, the accused acted together with a common purpose to detain the victims unlawfully, with the intention of inflicting serious bodily harm or causing their deaths.
The case stems from the disappearance and deaths of three men, Makibinyane, Noko, an Pakela, whose bodies were later discovered in Mohale Dam.
The events trace back to a tragic incident on 13 May 2017 at the Maseru Border Post, where a group of armed Famo music gang members, returning from a funeral, caused a violent disturbance.
When a member of the Lesotho Defence Force (LDF) Military Intelligence (MI) tried to intervene, he was shot. A second MI officer, who attempted to assist, was fatally shot, and a street vendor was also killed in the crossfire.
A third MI officer was seriously injured but survived after a long hospital stay.
At the time, Accused 3, Moepi, was stationed at the border post as an MI operative. Six suspects linked to the shooting were arrested and questioned by the Lesotho Mounted Police Service (LMPS) in one of the interview rooms at Maseru Bridge.
In response to the incident, a joint investigation team was formed comprising members of the LMPS and the LDF. The team, led by Senior Inspector Khatleli from the Criminal Investigations Department (CID) based at Pitso Ground Police Station, operated from that location throughout the inquiry.
Following their release from police custody, three of the suspects were later found dead, their bodies dumped in Mohale Dam.
The prosecution relied heavily on circumstantial evidence, including pointing-outs by some of the accused. However, the judge found that such evidence, on its own, was insufficient to establish guilt beyond reasonable doubt.
Summary
- He further mentioned that Monyeke further told the court that when he left the meeting at MI headquarters on 14 May 2017, he went straight to Makoanyane barracks, but when he was confronted with Khatleli’s evidence that he was at Pitso Ground from 08.
- “The application in terms of Section 175(3) of the Criminal Procedure and Evidence Act 1981 in respect of A1 (Rapele Mphaki), A2 (Pitso Ramoepana), A4 (Mahlehle Moeletsi), A5 Mahlomola Mokhoali), A6 (Nthathakane Motanyane), A7 (Motšoane Machai), A8 (Liphapang Sefako) and A9 (Nemase Faso) succeeds, and these accused are discharged on all counts against them in terms of the same section,” read the judgement.
- It is alleged that on or about 16 May 2017, near Setibing in the district of Maseru, the accused acted together with a shared intention to unlawfully and intentionally kill the three men by strangling them and disposing of their bodies in Mohale Dam.
Thoboloko Ntšonyane is a dedicated journalist who has contributed to various publications. He focuses on parliament, climate change, human rights, sexual and reproductive health rights (SRHR), health, business and court reports. His work inspires change, triggers dialogue and also promote transparency in a society.
