THE Director of Public Prosecutions Hlalefang Motinyane came under fire this week from a High Court judge over her handling of a high profile case involving soldiers. A visibly irritated Justice Moroke Mokhesi said Advocate Motinyane had displayed “behaviour falling short of what is expected from a Director of Public Prosecutions”.
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The case involves military intelligence commander Brigadier Rapele Mphaki, Captain Mahlehle Moeletsi, Captain Haleeo Makara, Sergeant Lekhooa Moepi, Lance Corporal Mahlomola Makhoali, Private Nthathakane Motanyane, Warrant Officer Liphapang Sefako, Lance Corporals Motšoane Machai and Tieho Tikiso, and Private Nemase Faso, who are all facing murder charges.
The soldiers are accused of killing three men – Lekhoele Noko, Molise Pakela, and Khothatso Makibinyane – and later dumped their bodies in Mohale Dam.
They are also facing a charge of abduction and torture.
What incensed the judge was a perception that Advocate Motinyane and her prosecutor Advocate Motene Rafoneke had misled the court saying a crown witness, Detective Inspector Tankiso Lethoko, had absconded court and was not available on his mobile phone on Monday.
Insp Lethoko was supposed to appear in court on Monday to finish his testimony, which he had started in May 2023, but he was nowhere to be found.
Advocate Motinyane told the court that Insp Lethoko was duly informed that the trial would be resuming on Monday and he had decided to abscond.
In a desperate move to save their skin, Advocates Motinyane and Rafoneke even went further and asked the court to issue a warrant of arrest for Insp Lethoko.
Although Advocate Motinyane knew as early as October 2023 when the prosecution team led by Advocate Shaun Abrahams withdrew from the high profile cases over non-payment of legal fees, it was only on Monday that she asked for time to find a prosecutor to continue with the case.
In an unexpected turn of events, Insp Lethoko showed up at court on Tuesday.
He told the court that he was not at court on Monday because the DPP’s office did not tell him the trial dates despite his efforts to enquire.
“My Lord, I didn’t know I was supposed to be at court on Monday,” Insp Lethoko said.
“But I must say that I foresaw that something like this might happen, seeing the sluggish manner that the office of the DPP handles the administration of these high profile cases,” he added.
Insp Lethoko said he only received a call from Advocate Rafoneke on Sunday evening, informing him that the trial “might” resume on Monday.
He said Rafoneke, who was laughing, further told him that the trial would only proceed if he would be paid his outstanding legal fees by Monday morning.
“My Lord, let me tell this Honourable Court that Mr Rafoneke told me that if he would be paid by Monday morning, he would then ask for a postponement in the afternoon so that the trial resumes on Tuesday, which is today,” Insp Lethoko told the court.
In his response, Advocate Rafoneke stood up and threw Advocate Motinyane under the bus.
“Speaking for myself, I was made to believe by the DPP that Mr Lethoko was in the court precinct on Monday,” Advocate Rafoneke said.
“I couldn’t make any definite arrangements in relation to this matter, as I only got re-engaged on Monday morning,” he said.
“After being re-engaged I called Mr Lethoko only to find that he was in Butha-Buthe,” he said.
This was in sharp contrast to what both Advocates Rafoneke and Motinyane had told the court on Monday, that they did not know the whereabouts of Insp Lethoko and that he was not accessible on his mobile phone.
“I must say I am very disappointed at your behaviour Mr Rafoneke and that of the DPP. Your behaviour falls short of what is expected of lawyers,” Justice Mokhesi said.
“I don’t understand why you wasted this court’s time and that of the defence counsel when you knew very well that you were not intending to proceed,” he said.
“I must say categorically that I frown upon your unacceptable behaviour.”
Khotsofalang Koloi
