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Court gets closer to main trial against Scott


Sept. 6, 2018 2 min read

2 min read


MASERU – The court on Tuesday got closer to holding the main trial in the Koalabata murder accused, Lehlohonolo Scott, after his counsel Advocate Thulo Hoeane, changed the course of the trial within trial.

The court convened on Tuesday for the delivery of the ruling on whether it is true or not that Mr Scott was forced to point out certain body parts of two Koalabata boys at Koalabata dongas and at Koalabata Primary School’s toilets or whether he indeed volunteered to do so as it is alleged by Mabote police officers. Mr Scott and his mother ‘Malehlohonolo are charged with two brutal killings of Koalabata boys Moholobela Seetsa and Kamohelo Mohata that happened in 2012. Mr Scott is also charged with escaping from lawful custody after he allegedly escaped from Lesotho Correctional Services (LCS) maximum prison in 2012.

 


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When changing the direction of the case, Advocate Hoeane explained that after lawyers on both sides made undertakings during last court sitting to file papers before court regarding a trial within a trial which the court was dealing with, he reconsidered whether it was indeed necessary for the court to have dealt with a trial within trial and said the already tabled issue of pointing out of body parts did not warrant a trial within trial.


Advocate Hoeane explained that trial within a trial arises when two situations take place, the first being that the accused has to make or say something that implicates them to the charge and also when they are called before the magistrate to make a confession. Advocate Hoeane indicated that no formal or informal statement made before police nor presented before court such that it could be used to carry out trial within trial.


He further suggested that as a way forward, the court should consider the evidence of over 10 witnesses who already testified in a trial within trial and determine whether they have made up a case after which the case should proceed to the next level. The court ordered that Advocate Hoeane file relevant papers concerning trial within trial after which the court will make its determination on which direction to take as a way forward. The accused were therefore ordered to re-appear before court on October 16, 2018.
Lena

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