…as Court of Appeal nullifies his bail and remits case to High Court
Moorosi Tsiane
THE Lesotho Mounted Police Service (LMPS) has distanced itself from the re-arrest of its former Commissioner, Molahlehi Letsoepa, after the Court of Appeal on Friday declared his earlier bail irregular and set it aside.
The decision follows an appeal by the family of slain Police Constable (PC) Mokalekale Khetheng, who challenged a controversial High Court ruling that had granted Mr Letsoepa M1 000 bail in August. Represented by Advocate Christopher Lephuthing, the family successfully argued that Justice Mafelile Ralebese’s decision was flawed because it was made in chambers instead of open court—a violation of Section 13 of the High Court Act of 1978.
Appearing before a five-member bench led by Court of Appeal President Justice Kananelo Mosito, Adv Lephuthing argued that the secretive bail process undermined transparency and deprived the family of their right to open justice.
“The decision to hear Mr Letsoepa’s bail in chambers was contrary to law and deprived the affected parties, including the Khetheng family, of their right to open justice,” he said.
THe bench also comprised of Chief Justice Sakoane Sakoane and Justices Petrus Damaseb, Phillip Musonda, and Johann van der Westhuizen.
Adv Lephuthing also criticized what he called the Crown’s “selective treatment” of Mr Letsoepa, saying while four other co-accused – Thabo Tsukulu, Haleokoe Tasoane, Mathibeli Mofolo, and Mabitle Matona—remain behind bars, the former police chief, who fled the country in 2017, was quietly released.
“It is disturbing that a man who fled justice for years was quietly granted bail while others charged with the same crime continue to languish in prison,” he said, urging the court to nullify the bail proceedings and remit the matter to the High Court for a proper hearing in open court.
For the Crown, Advocate Rethabile Setlojoane said the Director of Public Prosecutions (DPP) would not oppose the appeal.
Meanwhile, Mr Letsoepa’s lawyer, Advocate Napo Mafaesa, maintained that his client was not a fugitive, explaining that he had left the country under threat and later voluntarily surrendered.
Delivering judgment, Justice Mosito emphasized that bail hearings must, as a rule, be conducted in open court unless exceptional circumstances exist.
“Convenience, such as escaping the cold weather, is not an exceptional circumstance,” Justice Mosito said.
“If a bail hearing is to be held in chambers, the court must ensure that victims and the media are informed and encouraged to attend. Transparency is the default position.”
He declared the earlier bail proceedings a nullity and ordered the case to be remitted to the High Court for a fresh hearing.
However, when asked whether the police would now re-arrest Mr Letsoepa, LMPS spokesperson Senior Superintendent (SSP) Mpiti Mopeli, appeared to distance the police from the matter.
“The Court of Appeal judgment said the matter should be taken back to the High Court to be argued afresh, so it’s a matter between the courts and has nothing to do with the police. The High Court will decide on the way forward,” SSP Mopeli said.
His remarks reportedly left some within the police service baffled, with insiders arguing that the proper procedure would be for investigators to approach the DPP for a warrant of apprehension.
“It does not make sense for the police to say it’s a court issue when they are the ones who investigate and arrest,” said one source.
“If the Court of Appeal set aside his bail, he should be re-arrested so that the High Court can hear the bail afresh. You can’t apply for bail while you’re still free.”