Court grants ur­gency to army cap­tain’s case

Sunday Express - - FRONT PAGE - Tefo Tefo

THE High Court has granted an ap­pli­ca­tion for ur­gency in a case where Le­sotho De­fence Force (LDF) Cap­tain Boiket­siso Fo­nane seeks to be re­leased from de­ten­tion in con­nec­tion with the 5 Septem­ber 2017 as­sas­si­na­tion of Lieu­tenant-gen­eral Khoan­tle Motšo­motšo.

High Court act­ing judge, Jus­tice keketso Moahloli, made the rul­ing on Fri­day af­ter Cap­tain Fo­nane filed an ur­gent ap­pli­ca­tion on Tues­day seek­ing an or­der for his re­lease from the military de­ten­tion cen­tre.

Cap­tain Fo­nane was ar­rested on 17 Septem­ber on sus­pi­cion that he con­nived with the as­sas­sins of Lt-gen Motšo­motšo.

The LDF chief was shot dead at his Ratjo­mose bar­racks of­fice by Bri­gadier Bu­lane Sechele and Colonel Tefo Hashatsi, who were them­selves gunned down by Lt-gen Motšo­motšo’s body­guards in the af­ter­math of the as­sas­si­na­tion ac­cord­ing to the gov­ern­ment.

Cap­tain Fo­nane now wants the High Court to or­der act­ing LDF com­man­der, Ma­jor-gen­eral Li­neo Poopa, to re­lease him, ar­gu­ing that his con­tin­ued de­ten­tion is un­law­ful. The LDF com­man­der is cited as first re­spon­dent while the at­tor­ney-gen­eral is cited as the sec­ond in the case.

Mo­ti­vat­ing his ap­pli­ca­tion, Cap­tain Fo­nane de­tails the cir­cum­stances sur­round­ing his ar­rest and de­ten­tion.

He states: “i was ar­rested and de­tained in military de­ten­tion from the 17th Septem­ber 2017.

“On the 22nd Septem­ber 2017, i was de­tained by the po­lice at po­lice head­quar­ters.

“i was re­leased from po­lice de­ten­tion from 25th Septem­ber 2017. i was fur­ther de­tained at Military de­ten­tion at Makoanyane.

“i am still in military de­ten­tion as i sign this af­fi­davit.”

Cap­tain Fo­nane states that he was “ex­ten­sively in­ter­ro­gated” by in­ves­ti­ga­tors from the two agen­cies fur­ther claim­ing that he was deemed in­no­cent.

“I aver that the po­lice con­firmed to my face that the in­ves­ti­ga­tions do not re­veal any ba­sis for me to be sus­pected of any­thing. it is for the fore­go­ing rea­son that i have not been charged de­spite my lengthy de­ten­tion.”

He adds: “My con­tin­ued de­ten­tion is there­fore null and void in the premises.”

Cap­tain Fo­nane also al­leges that he re­mains chained on his an­kles yet he had “not com­mit­ted any crime”.

in grant­ing the ap­pli­cant’s prayer for ur­gency, Jus­tice Moahloli or­dered the re­spon­dents to file their an­swer­ing pa­pers by Thurs­day. Cap­tain Fo­nane, who is legally rep­re­sented by Le­tuka Mo­lati, was or­dered to file his re­ply­ing pa­pers by 16 Oc­to­ber 2017.

ad­vo­cate Mo­lati and the lawyers rep­re­sent­ing the re­spon­dents are ex­pected in court on 18 Oc­to­ber to get di­rec­tion on the hear­ing of the case.

ACT­ING LDF com­man­der Ma­jor-Gen­eral Li­neo Poopa.

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