LAWYERS representing some of the soldiers who are among others accused of killing police Sub-Inspector Mokheseng Ramahloko in August 2014 have asked the High Court to release their clients, saying there is no progress in the trial.

One of the lawyers, Advocate Napo Mafaesa who represents Motsieloa Leutsoa said the trial is always being postponed because of the two political leaders who are to be joined in the case.

He said Section 65 of the Constitution supports the release of an accused person on bail if a case does not proceed.

He argued that the accused are constitutionally presumed innocent until proven guilty by the court, adding that it is unfair to keep the accused in jail while pursuing other people.
He said both Mothetjoa Metsing of the Lesotho Congress for Democracy (LCD) and the Movement for Economic Change (MEC)’s leader Selibe Mochoboroane are entitled to challenge their joinder.

He said the accused are being denied justice, adding that they are being prejudiced by the delays and postponements.

Another defence lawyer Adv Kabelo Letuka said the liberty of the accused is being taken by the Director of Public Prosecutions (DPP) who does not want to exercise her powers.

He said since Metsing and Mochoboroane were featured in the case, there has never been any progress, while their clients languish in jail.

For his part, Senior Counsel Shaun Abrahams who represents the Crown opposed the bail application, arguing that the prosecution is not solely responsible for the delays.

Metsing who is also the former Deputy Prime Minister together with Mochoboroane who is the Minister of Development Planning have been trying to secure immunity from prosecution, but their attempts have been unsuccessful.