Incarcerated former army boss Lieutenant General Tlali Kennedy Kamoli busted out in court on Wednesday as he outlined his lack of confidence in Justice Charles Hungweâ€™s ability to offer justice in his case since he (Hungwe) was on a protracted move alongside lead prosecutor Advocate Shaun Abrahams wanting to see him dead.
This Kamoli said in a matter where he is accused for the simultaneous bombing of the homes of the former first lady Maesiah Thabane in Moshoeshoe II, â€˜Mamoshoeshoe Moletsane and the residence of former Police Commissioner Khothatso TÅ¡ooana at Ha Abia on January 27, 2014.
He charged along with Major Pitso Ramoepana, Captain Litekanyo Nyakane, Malefane Heqoa and Corporal Mohlalefi Seitlheko with whom he has been incarcerated since 2017.
Kamoli accused Justice Hungwe for making a ruling to proceed without his lawyer advocate Letuka Molati who did not appear before court, apparently without an excuse.
He blasted the judge whom he said sought to come into the case with the sole purpose of fixing him as well as Abrahamsâ€™ desire who â€œwishes for a death penalty on meâ€.
â€œI heard when the court was talking about my lawyer advocate Molati, but I was never asked by the court if I know anything about my lawyer until the court made its decision on this matter,â€ he said.
â€œTo set the record straight contrary to what the court said concerning myself and my lawyer is that there has never been a time the court proposed a matter of finding myself a lawyer and I refused. There is nowhere in the record you can find that.
â€œI hope that the recording machine is functioning because I want to go back to the day when I first met Justice Hungwe, I didnâ€™t know him, but his first words were that he was going to fix my behaviour. I even asked for his protection because I didnâ€™t understand on what grounds he was going to fix my behaviour.
â€œThat matter brings me to a decision that I will not hide that he is really here to fix my behaviour because this is evident on a ruling he has just made in connection with my lawyer. That the court will continue without my representative because I refused a lawyer yet that has never happened before. I donâ€™t see this honourable court coming to serve justice on my behalf but only intentions to see me guilty just like the lead prosecutor once said I should be sentenced to death, in another case, and now it is clear that the court is ready to serve a biased justice which is not according to the evidence that will be provided in this court.
â€œIf I should quote him verbatim, because I can also speak English, he said he was going to deal with my attitude. Although I ignored the matter like a helpless ordinary Mosotho man who is incarcerated in prison, he is happy that the matter should proceed in this state.
â€œI want you to know from the bottom of my heart that I donâ€™t have trust on you because of this ruling you have just delivered, which support the words you uttered on our first encounter,â€ he said adding that he received information that advocate Molati is in hospital to see a doctor.
â€œA person dies once and does not live many times, if Mr Shaun Abrahams wants me dead I will die and it will be unfortunate that the intentions of Abrahams will happen by the hand and decisions of Justice Hungwe,â€ Kamoli said.
Justice Hungweâ€™s ruling was that advocate Molati failed to appear before the court without notifying the court and that the court will proceed in his absence.
â€œIn November last year this matter was postponed to Monday March 14, 2022 and all parties agreed that we will be starting with trial. On Monday Mr Molati did not appear before court and asked advocate Mafaesa to take brief on his behalf.
â€œToday Mr Mafaesa confirms that he conveyed information to him that we will further continue with the trial today, meaning he was well aware that the case was continuing today,â€ Justice Hungwe said.
He said previously when the court was dealing with the similar situation the record will reflect that the Kamoli declined an offer for a State lawyer.
â€œIt is only the accusedâ€™s right to rely on counsel to conduct matters on their behalf, but where counsel of own choice decides not to attend without offering any excuse to the court, the court will be left with no choice but to proceed on the basis that the accused risked his rights to a lawyer who is not prepared to attending to the court dates.
â€œI therefore assume that Mr Molati is on his way to court and will join us and we will proceed on that basis,â€ he said
The court will reconvene on the matter today at o9hrs30.