Mohloai Mpesi
Two high court secretaries have been charged with fraud for allegedly fraudulently forging a court order for one Mathiba Molothoane (45).
The duo, Tsele Molorane (32) and Ntsoaki Sefume (37), along with Molothoane were granted bail of M1000 each by the Maseru magistrate court yesterday.
Molorane is the secretary of the high court judge, Justice Tseliso Monaphathi, while Sefume is the secretary of the high court registrar, ‘Mathato Sekoai.
According to the charge sheet, the trio is charged with the crime of fraud contravening section 68 (1) (2) read with section 109 of the penal code act No.6 of 2012.
They allegedly faked a court order to free Molothoane’s Toyota vehicle at the Police Station, wherein they made a misrepresentation of the said order to the Commissioner of Police Holomo Molibeli and Attorney General Rapelang Motsieloa, among others, in June last year.
“In that upon or about June 24, 2022, at or near Police Headquarters, Ministry of Law, Magistrate Court, and the High Court in the Maseru district, the said accused acting in concert and in pursuit of a common purpose did unlawfully and deliberately misrepresent to the Commissioner of Police and or Attorney General’s and or the Officer Commanding and or Clerk of Court in Magistrate Court and or Registrar of the High Court,†the charge sheet read.
“That Court order dated June 24, 2022, purported to have been issued by Lordship Justice KC Moahloli for the release of a motor vehicle with the following identification marks: White Toyota, registration letters and numbers FH83YKGP;
“Chassis letters and numbers AHTJB8DD704750597 and Engine numbers 2GD0139553 which they then and there exhibited and presented was a genuine and legal court order issued by the High Court in a civil application number CIV/A/16/2020 whereas the said accused when they made the aforesaid misinterpretation well knew that; that court order was not lawfully issued by Lordship Justice Moahloli,†the charge sheet continued.
It added that the trio failed to reveal that the said court order was not lawfully issued by Justice Keketso Moahloli with the intention that the representee should act upon the said misinterpretation or non-disclosures to their detriment and that the accused did commit the crime of fraud alternatively the crime of attempted fraud.
Alternatively, it said, they contravened section 70 (1) (3) (6) read with section 109 of the penal code act No.6 of 2010.
“In that upon or about June 24, 2022, at or near High Court in the Maseru district of Maseru, the said accused acting in concert and in pursuit and with the intention of defrauding the Commissioner of Police, Attorney General, the Officer Commanding RSTS, Clerk of Court, Magistrate and Registrar of the High Court, did unlawfully make a document in the form of Court Order purporting to be a judicial document issued by Justice Moahloli in Civil application number CIV/A/16/2020 and knowingly and without authority did pass the said forged document to the office of Commissioner Police, thus committed a crime of forgery,†the charge sheet read.
Summary
- “In that upon or about June 24, 2022, at or near Police Headquarters, Ministry of Law, Magistrate Court, and the High Court in the Maseru district, the said accused acting in concert and in pursuit of a common purpose did unlawfully and deliberately misrepresent to the Commissioner of Police and or Attorney General’s and or the Officer Commanding and or Clerk of Court in Magistrate Court and or Registrar of the High Court,†the charge sheet read.
- It added that the trio failed to reveal that the said court order was not lawfully issued by Justice Keketso Moahloli with the intention that the representee should act upon the said misinterpretation or non-disclosures to their detriment and that the accused did commit the crime of fraud alternatively the crime of attempted fraud.
- Clerk of Court, Magistrate and Registrar of the High Court, did unlawfully make a document in the form of Court Order purporting to be a judicial document issued by Justice Moahloli in Civil application number CIV/A/16/2020 and knowingly and without authority did pass the said forged document to the office of Commissioner Police, thus committed a crime of forgery,†the charge sheet read.
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