WhyWh moleleki TrialTria is Fail­ing To Ttake OFF

Lesotho Times - - News - Lekhetho Nt­sukun­yane

A pros­e­cu­tor in the cor­rup­tion trial of po­lice Min­is­ter Monyane Moleleki and four Mafeteng min­ing ex­ec­u­tives says he has failed to se­cure the case’s docket from the po­lice since his ap­point­ment three months ago.

Ad­vo­cate Abra­ham Lenono was al­lo­cated the case in May by Di­rec­tor of pub­lic pros­e­cu­tions (Dpp) King’s coun­sel (Kc) Leaba thet­sane.

He re­placed Ad­vo­cate siphosihle Mdhluli who had han­dled the case since it was first brought be­fore the High court in 2013. How­ever, the case has been post­poned on nu­mer­ous oc­ca­sions due to the re­spon­dents’ ill­ness, par­tic­u­larly Mr Moleleki.

the case was post­poned again last week to 27 Novem­ber 2015 by Jus­tice tšeliso Mon­aphathi fol­low­ing dis­cus­sions with crown and de­fence coun­sel in closed cham­bers.

Mr Moleleki, who is also deputy leader of the Demo­cratic congress, is charged along­side refela Hold­ings di­rec­tors Mo­hapi Khofu, tšepo Khofu, Kereke Motelet­sane and Moeketsi Motšoane. The five are ac­cused of con­tra­ven­ing the coun­try’s min­ing reg­u­la­tions in 2012.

Ac­cord­ing to the charges, the refela ex­ec­u­tives al­legedly failed to com­ply with the Mines and Min­er­als Act be­tween 1-29 May 2012 when ac­quir­ing li­cences to prospect for di­a­monds in Ha ra­matšeliso and Mosaqane in the Qacha’s Nek district.

Mr Moleleki, who was Nat­u­ral re­sources min­is­ter at the time the of­fense was al­legedly com­mit­ted, is ac­cused of abus­ing his of­fice to fa­cil­i­tate the is­suance of the said li­cences.

How­ever, in an in­ter­view with the Le­sotho Times on Monday this week, Ad­vo­cate Lenono said one of the main rea­sons why the case had to be post­poned last week was be­cause he had not been fur­nished with the po­lice docket from which he should fa­mil­iarise him­self with the case.

“the truth of the mat­ter is I have not re- ceived the po­lice docket from which I would be able to fa­mil­iarise my­self with the mat­ter. there had been so much drama each time I tried to get the docket from the chief in­ves­ti­ga­tor.

“The of­fi­cer tried to get it for me from his su­pe­ri­ors but failed. Ap­par­ently, he was ha­rassed by his bosses when he re­quested the docket, yet un­der nor­mal cir­cum­stances, he was sup­posed to have it as the chief in­ves­ti­ga­tor. He has since been trans­ferred af­ter re­quest­ing the docket, so I heard”.

Ad­vo­cate Lenono said he had met with Ad­vo­cate thet­sane (Kc) to report his predica­ment.

“I am not a mem­ber of the Law Of­fice but a de­fence lawyer ap­pointed by the Dpp to pros­e­cute this case. so when I have a prob­lem like this where I don’t have the docket, I report the mat­ter to him. He promised to call me once he had se­cured the docket for me, but up to now, he hasn’t called,” said Ad­vo­cate Lenono.

Asked what he sus­pected was go­ing on with the docket, t, Ad­vo­cate Lenono laughed and said: “I re­ally can­not say… your guess is as good d as mine.”

con­tacted on the is­sue this week, Ad­vo­cate thet­sane (Kc) said: “I can­not talk to you about­bout court cases. I have told you be­fore­fore to go to the courts if you want news. the same way judges can­not bee in­ter­viewed on court mat­ters also ap­plies to my of­fice.”

Mean­while, the Le­sothoe­sotho Times has since es­tab­lished thehe chief in­ves­ti­ga­tor, se­nior In­spec­tor ctor sera cedric Makhar­ilele, was trans­ferred from po­lice Head­quar­ters’rs’ com­mer­cial crime counter unit to Maseru ur­ban Beat pa­trol unit on 6 Au­gust 2015 — the same day he hadd ear­lier re­quested the docket from his “bosses”. the Le­sotho Times could not im­me­di­ately es­tab­lished the names s of the “bosses” in ques­tion.

sen Insp Makhar­ilele lele on Monday con­firmed his trans­fer­rans­fer in an in­ter­view withh the Le­sotho Times,, adding the de­ci­sionn was taken the samee day he had asked forr the docket.

The of­fi­cer said hee could not com­mentt any fur­ther, and d re­ferred the Leso- tho Times to po­licee spokesper­son clif- ford Molefe, who o how­ever, said trans- fers were the pre- rog­a­tive of the po­lice com­mis­sioner and could not be ques­tioned.

“A trans­fer can­not be ques­tioned as the pow­ers to re­de­ploy any po­lice of­fi­cer are vested with the com­mis­sioner in line with sec­tion Four of the po­lice Act of 1998. “the com­mis­sioner can ex­er­cise those pow­ers any­time he deems fit,” Se­nior In­spec­tor Molefe said

Asked about the docket, sen Insp Molefe said he would in­quire about it and call this re­porter once he had the de­tails. He had not done so by the time of go­ing to press last night.

Po­lice Min­is­ter Monyane Moleleki.

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