Justice Charles Hungwe from Zimbabwe rescheduled the matter because the Crown was unable to provide the defence with a record of proceedings of the Justice Phumaphe Commission of Inquiry from the Southern African Development Community (SADC).
SADC facilitated the commission to look into circumstances surrounding the death of Mahao who was killed on June 25, 2015 in Ha Leketa, on his way from his home village Mokema on the outskirts of Maseru.
In its defence, the army claimed that Mahao who was allegedly killed execution style by his former colleagues, resisted arrest.
The other accused soldiers include Motsamai Fako, Motšoane Macheli, Tšitso Ramoholi, Litekanyo Nyakane, Haleo Makara, Lekhooa Moepi, Marasi ’Moleli and Mohlalefi Seitlheko.