Nthon­tho slapped with ad­di­tional charge

Lesotho Times - - News - Tefo Tefo

Prom­i­nent maseru lawyer, At­tor­ney Khotso nthon­tho, was yes­ter­day slapped with an ad­di­tional charge of fraud fol­low­ing his ar­rest for al­leged per­jury last month.

At­tor­ney Nthon­tho first ap­peared be­fore the maseru mag­is­trate’s Court on 16 Fe­bru­ary charged with per­jury al­legedly com­mit­ted in the Court of Ap­peal in novem­ber last year while rep­re­sent­ing Le­sotho De­fence Force (LDF) mem­bers ac­cused of mutiny.

the lawyer had been ar­rested on 12 Fe­bru­ary, but was re­leased the same day fol­low­ing an ur­gent High Court ap­pli­ca­tion by his wife, ‘math­ato, and 10 of his col­leagues.

reads At­tor­ney nthon­tho’s per­jury charge sheet: “in that upon or about the 9th day of novem­ber 2015 and at or near the Court of Ap­peal of Le­sotho in the district of maseru, the said ac­cused did file an ap­pli­ca­tion (no­tice of mo­tion) ad­dressed to the Court of Ap­peal on be­half of the ap­pli­cants therein namely, Aupa mo­hasi and mo­lato mo­hat­lane in C of A (civ) 29\2015, in which ju­di­cial pro­ceed­ings the ac­cused did in­ten­tion­ally make a false state­ment re­lated to any mat­ter ma­te­rial to the course of the ju­di­cial pro­ceed­ing and did thereby con­tra­vene pro­vi­sions of Sec­tion 86(1) of the Pe­nal Code no 6 of 2010.”

How­ever, in a new turn of events, the pros­e­cu­tion yes­ter­day pre­ferred an ad­di­tional charge of fraud against At­tor­ney nthon­tho, which was read to him by Chief mag­is­trate ‘matankiso nthunya.

the fraud charge sheet reads: “in that on or about the 9th day of novem­ber 2015, and at or near maseru in the district of maseru, the ac­cused did un­law­fully and de­lib­er­ately, to var­i­ous per­sons, make false rep­re­sen­ta­tions, and/or con­cealed from the said per­sons facts, in cir­cum­stances where he had a duty to re­veal same, with the in­ten­tion that such per­sons should act upon the said rep­re­sen­ta­tions to their detri­ment and thereby caused the said per­sons to so act.

“…the ac­cused in the afore­said ap­pli­ca­tion did rep­re­sent to the Clerk/reg­is­trar of the Court of Ap­peal and/or the judges of the Court of Ap­peal and/or the re­spon­dents that he had been au­tho­rized by mo­hat­lane to de­pose to an af­fi­davit; and/or to move the afore­said ap­pli­ca­tion; and/or that Mo­hat­lane was in soli­tary con­fine­ment.”

mean­while, there are three al­ter­na­tive charges against At­tor­ney nthon­tho— ob­struc­tion of jus­tice and of­fi­cially con­sti­tuted pub­lic en- quiries and con­tempt of court.

Ad­vo­cate Le­saoana mo­hale, who is pros­e­cut­ing the case also told the court that he e had a sav­in­gram from the of­fice of the Di­rec­tor of Pub­lic Pros­e­cu­tions (DPP) that the he case was now be­ing trans­ferred to the Highh Court for trial.

“I can con­firm nfirm that the in­dict­ment ent has al­ready been fi­nal­ized.

“it is just an ad­min­is­tra­tive mat­terer be­tween the of­fice of the DPP and the of­ficece of the is­trar of thee High for the ac­cused ccused given a no­tice ice of

“i can also o con- some­one hasas al­ready been ap­pointed

regr eg - Co Cour­tur t to be trial. firm fi­firm that to pros­e­cute the case,” he said.

At­tor­ney nthon­tho still re­mains on bail af­ter Ad­vo­cate mo­hale told the court that the pr pros­e­cu­tion had no prob­lem with his b bail con­di­tions.

At­tor­ney nthonth nthon­tho is among lawyers rep­re­sentin rep­re­sent­ing 23 Le­sotho De­fence Force mem mem­bers ac­cused of plot­ting to topple the army com­mand. the sus­pects were ar­rested be­tween may and J June last year and de­tained at maseru­mas max­i­mum Se­cu­rity Priso Prison. Five of the sol­diers ha have since been re­leased and placed un­der ‘open‘o ar­rest’.

their case is now Court mar­tial.

be­fore the

Prom­i­nent lawyer At­tor­ney Khotso nthon­tho.

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