THE JUDICIARY OF LESOTHO

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LESOTHO JUDICIARY

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REX V NO 18536 BRIGADIER MAREKA [2017] LSCM

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REX V NO 18536 BRIGADIER MAREKA [2017] LSCM

IN THE COURT MARTIAL OF LESOTHO

HELD AT MASERU CASE NO. CM/T/01/15

In the matter between

Rex

V

N0.18536 Brigadier Mareka & 22 Others

On the 18/12/17, the court resumed in the following manner:

Pres: I am welcoming you this morning in the session of this court martial in which we have a case between Rex V Brigadier Mareka & 22 others. We will be assuming the proceedings today after a long adjournment the 18 April 2012 in the same venue. You may all recall that these proceedings commenced in 2015 if I am not wrong. Since then we have been dealing with preliminary issues relating to the case up until such time we had to adjourn after having had the outcome of the Court Martial Appeal Court. Under given space and time, today we gathered here to proceed after having had issued notice of set down. I believe all the Counsel for defence received that notice in time. As such may I kindly refer to the prosecution to make presentation.

Pros: Mr. President Sir, learned Judge Advocate, members of the court good morning. I am Major Sello appearing at the instance of prosecution. Your Lordship, first and foremost may the court note that Adv Suhr is not present today. The court will remember that Adv Suhr is duly appointed as the senior prosecutor in this matter, and is being assisted by me, Major Sello and Captain Nkuebe. However, we are ready to proceed with the matter in his absence and he has given us the go ahead. May I ask the court to proceed with Rule 20 of the Court Martial Procedure Rules of 1998, which talks about arraignment of the accused.

Before their arraignment, let me bring into the attention of the court that accused No.1 (Brigadier Mareka) is not before the court. I have been duly informed by Adv Lephuthing who is representing Acc 1 that he is not before the court. As the court pleases.

Adv Lephuthing: I have advised my client not to come before the court because we have secured a court order from the High Court of Lesotho on the permanent stay of his prosecution.

Pres: We shall not dwell into arraignment of all accused present in terms of Rule 20 as stated by the prosecutor. You may all stand up.

Accused No.2 Brig Motoa, are you guilty or not?

Acc 2: Not guilty

Pres: Accused No.3 Col Stemere, guilty or not guilty?

Acc 3: Not guilty

Pres: Accused No.4 Col Kolisang?

Acc 4: Not guilty My Lord

Pres: Accused No.5 Maj Makhetha?

Acc 5: Not guilty

Pres: Accused No.6 Capt Chaka?

Acc 6: Not guilty

Pres: Accused No.7 2Lt Mohasi?

Acc 7: Not guilty

Pres: Accused No.8 Sgt Mokhobo?

Acc 8: Not guilty my Lord

Pres: Accused No.9 Sgt Semakale?

Acc 9: Not guilty

Pres: Accused No.10 Sgt Lekhabunyane?

Acc 10: Not guilty my Lord

Pres: Accused No.11 Cpl Mokhoro?

Acc 11: Not guilty

Pres: Accused No.12 Cpl Letsilane?

Acc 12: Not guilty

Pres: Accused No.13 Cpl Lipoto?

Acc 13: Not guilty

Pres: Accused No.14 Cpl Manaka?

Acc 14: Not guilty

Pres: Accused No.15 Cpl Mohatlane?

Acc 15: Not guilty

Pres: Accused No.16 Cpl Chele?

Acc 16: Not guilty

Pres: Accused No.17 Cpl Motseko?

Acc 17: Not guilty

Pres: Accused No.18 Lcpl Jobo?

Acc 18: Not guilty

Pres: Accused No.19 Lcpl Molefi?

Acc 19: Not guilty

Pres: Accused No.20 Lcpl Mokhooane?

Acc 20: Not guilty

Pres: Accused No.21 Pvt Pama?

Acc 21: Not guilty

Pres: Accused No.22 Pvt Bolofo?

Acc 22: Not guilty

Pres: Accused No.23 Pvt Ralitlemo?

Acc 23: Not guilty

Def counsel: We confirm that that the pleas are in accordance with our instructions. As the court pleases. We further wish to apply for the court to find our clients not guilty and to discharge them.

Pres: Over to you Prosecution.

Pros: My Lords we have no objection to the application in respect of all accused on account that prosecution does not have evidence nor any witnesses anymore to proceed with the matter.

Judge Advocate’s advice

JA: The accused in this matter are charged as follows, Count I, the main charge of mutiny involving the use of or threat of violence contrary to Sec 48 (1) (a) of the LDF Act. There’s also the first and second alternative counts. After the charge sheet had been served to all accused, they indicated in writting that they deny all the allegations made against them. On 17 Nov 17 Brig Mareka obtained a stay of execution so it is not necessary to deal with him here. The other accused tendered a plea of not guilty which were confirmed by their legal advisors. The prosecution did not adduce any evidence whatsoever and indicated that some of the witnesses were not competent to testify. It is not clear which problems the prosecutor experienced. It is also not relevant today. The matter started about 2 years ago. It was supposed to have taken three months. There were several delays in this matter and there’s a saying that justice delayed is justice denied. I just want to put on record my unhappiness about the delay. Be that as it may, what is important is that there is no evidence before the court martial justifying a conviction with regard to the present accused before this court. The legal team has applied for the acquittal of the accused. This application was not opposed by the prosecutor. My advise to this court is that in circumstances all the accused before the court are to be found not guilty.

Pres: Honourable Counsels, the public in attendance, now I have come to the point of concluding my assignment which has been on my shoulders for over two years. In regard to all proceedings that have been going on here, we as the president and members of the court, we have considered the advice of the JA, on merits of this case and the court fully agrees with content thereof, being that there’s no evidence to justify a conviction whether reflecting on the main count or those alternative counts as they appear on the charge sheet. Therefore, I am obliged to say that all accused are to be found not guilty and therefore discharged.

Judgement delivered on the 18th day of December 2017

By president of the Court Martial Major General Letsoela