CHIEF Justice Sakoane Sakoane has taken a swipe at a group of lawyers who jilted their clients last week, accusing them of being unethical.

Justice Sakoane said the lawyers who comprised those who represented five soldiers accused of the 2012 murder of three Mafeteng men failed to seek intervention on his part.

Ten defence lawyers last week withdrew from the trials complaining about the ‘’inhuman’’ conditions in the detention facilities at the Maseru Correctional Institution where their former clients are being held, awaiting trials.

Chief Justice Sakoane said the lawyers in question are seasoned and senior members of the Bar who are obliged to respect the decisions of courts.

He said the lawyers merely informed him among others of their intention to boycott the criminal proceedings and to rally the support of all lawyers to their cause.

‘’Since the trials are subjudice, I deem it proper not to comment on any issues that may arise in respect of which no judgment has been pronounced or is yet to be pronounced, and I confine my response to aspects of which judgments have been pronounced either by the trial judges or the apex court, in the course of responding, I will also comment on aspects of unethical conduct by these lawyers,’’ he said.

He said according to principal 23 of the United Nations (UN) Basic Principles on the role of lawyers, legal representatives have the right to freedom of expression.

He said in exercising those rights, the lawyers must always conduct themselves in accordance with the law and recognise standards and ethics of the legal profession.

‘’There is reasonable cause to believe that some of the contents of the statement border on scandalising the court. Reference is made to characterising the trials as ‘charades’ and ‘an incubation for further instability and absence of peace in Lesotho’ and accusing trial judges of behaving ‘in the most nonchalant manner unprecedented in this jurisdiction,’’ he said.

He again showed that it is not debatable that a lawyer who loses an argument in a trail can resort to appeal or review procedures if he/she wants corrective judicial action, and that any appeal to non-judicial bodies is an appeal for political interference with the judicial independence and an endeavour to delegitimise the criminal trials.

‘’A lawyer who dabbles in such conduct betrays his/her oath to uphold and respect the courts, the law and the constitution, he wears the cloths of hubris,’’ he said.

He further said the concerned lawyers know that they represents clients not by their own right but by choice of the accused, saying if they feel compelled not to continue representing the accused, they are obliged to withdraw, but in so doing, it does not mean the accused can also withdraw because they have no choice.

 He said the criminal trials must proceed without interruption on the scheduled dates, adding that any lawyer who interrupts or boycotts such trials can be sanctioned or reported to the Law Society for disciplinary actions.

The accused soldiers include Captain Litekanyo Nyakane, Lance Corporal Khauhelo Makoae, L/Cpl Sebilo Sebilo together with Privates Tšepo Tlakeli and Thebe Tšephe.

They are accused of the murder of Thabang Mosole, Monyane Matsie and Phakiso Ntala Letatabe in Ha Motanyane, Mafeteng on April 2, 2012.

Their former lawyers included among others King’s Counsel Zwelakhe Mda, Advocates Napo Mafaesa, Lintle Tuke and Mkhantji Kao.