The Director of Public Prosecutions (DPP) Advocate Hlalefang Motinyane has filed an opposing affidavit at the high court in which she opposes retired army commander Lieutenant General (Lt. Gen.) Tlali Kamoli’s bail application.
Advocate Motinyane argues that it will not be in the interest of justice and the public at large for the high court to grant Lt. Gen. Kamoli bail at this stage.
Advocate Motinyane explains that Lt. Gen. Kamoli is aware of the serious charges he is faced with which come with a custodial sentence if he is found guilty which means he is likely to abscond and not stand trial.
Advocate Motinyane also explains that criminal trials against Lt. Gen. Kamoli are ready for hearing and all the witnesses are ready to testify so as to dispose of the matter and further disclosed that the crown was ready and willing to put everything else aside and prosecute the matter to finality.
The DPP again reveals that all criminal trials in which Lt. Gen. Kamoli is being charged have been dragged by him and his co-accused and further that the court cannot at this stage determine his innocence or otherwise until after the conclusion of his case.
Advocate Motinyane discloses while she agrees Lt. Gen. Kamoli is presumed innocent until proven guilty, the presumption of innocence has to be balanced with the interest of justice.
She also notes that Lt. Gen. Kamoli is a retired soldier who can easily cause disturbance among the members of the Lesotho Defence Force (LDF) and that the court should take judicial notice that Lt. Gen. Kamoli refused to step down as the Commander after having been dismissed by the Prime Minister who had followed all the due process of the law.
She also indicates that Lt. Gen. Kamoli further failed to attach a medical report or his booklet to his bail application to establish his illness if any and to enable the court to get a clear understanding of the reality of what he is talking about.
The DPP further comments that Lt. Gen. Kamoli is faced with, among other charges, murder charges where the victims were law enforcement officers and that he has failed to establish exceptional circumstances as required by the law.
She further indicates that another consideration to bear in mind is the court’s desire to reduce the risk of threats to potential witnesses and cited that Lt. Gen. Kamoli has already been served with the witness statements from the police through his lawyer which means he is now aware of all the witnesses who are going to testify against him.
Meanwhile, the application is yet to be allocated a judge to hear it after Judge Molefi Makara recused himself.
On the other hand, Lt. Gen. Kamoli filed his bail application on March this year and asked to be released on a bail deposit of M3,000 among other bail conditions.
He also asked to be released and put under another condition that he reports at police headquarters on the day of his remand between 6 am and 6 pm and that he shall not interfere with crown witnesses and will stand his trial to finality as well as attend scheduled remands.
This is the second bail application Lt. Gen. Kamoli applies for after his first was denied by Judge Teboho Moiloa on November 21, 2017.
Advocate Letuka Molati represents Lieut. Gen. Kamoli while the DPP is represented by Advocate Rethabile Setlojoane.