Maseru, Feb. 19 — The High Court through Justice Maliepollo Makhetha says a lawyer representing Retired Army Commander Lieutenant General Tlali Kamoli in the treason trial, Advocate Letuka Molati, can bring an application for dismissal of the case at any time.
This was after the lawyer stated that he intends to file a substantive application for the dismissal of the case because the prosecution is deliberately hiding information from the court to the prejudice of the accused. He asked the court to stand down the case so that he could prepare and file the application.
He pointed out that the accused who are charged with murder stand to suffer incurable prejudice if they do not have the information needed. He emphasised that the defence is being intentionally prejudiced as information which is in favour of the prosecution is availed while that in favour of the defence is withheld.
The issue of unavailability of information was raised after the prosecution through Adv. Rethabile Setlojoane told the court that documents from a mortuary where the body of the late Sub-Inspector Mokheseng Ramahloko was taken following the shooting, an LMPS 12, a vehicle used to transport the body to the mortuary and a gun belonging to the deceased were not available.
