…as they challenge key evidence
Moorosi Tsiane
THE high-profile trial of two sisters accused of brutally murdering their mother took an unexpected turn on Thursday when their lawyer, Advocate Lesaoana Mohale, challenged key technical evidence presented by Vodacom Lesotho.
This is the evidence the Crown considers central to proving the pair’s involvement in their mother’s killing.
Nthei and ’Maphoka Rasekoai, aged 32 and 25 at the time, are accused of fatally assaulting their mother on the head with a spade on 25 July 2022, allegedly in a plot to cash in on her million-maloti life cover.
Adv Mohale informed trial Judge Maliepollo Makhetha that the defence intends to file an application to have Vodacom Lesotho’s evidence referred to a trial within a trial to test its admissibility.
A Senior Specialist in information management systems at Vodacom Lesotho, Moneli Mochochoko, had been called as the ninth state witness to testify that during the period when Ms Rasekoai was reported “missing” (26 July 2022), Nthei allegedly inserted her SIM card into her mother’s phone and used it.
However, while he was still explaining the technical workings of Vodacom’s systems under the guidance of Crown Counsel Lehlohonolo Phooko, the court recessed. After the break, Adv Lesaoana rose to announce the defence’s intention to object to Mr Mochochoko’s evidence.
“My Lady, because I had not been following the trial from the onset, I had thought that my learned colleague (Attorney Makhabane Masupha) had seen the said court order that police used to obtain the call records from Vodacom Lesotho. Unfortunately, that has not been the case, and as I examined the court order, I found that it was issued long before the accused persons were arrested and they were not even joined in the matter,” argued Adv Lesaoana.
“My Lady, this evidence cannot be admissible in court, and Nthei’s right to privacy was infringed by the police. We therefore intend to file an application objecting to this evidence and request that the matter be referred to a trial within a trial.
“This court order was obtained unconstitutionally because they were not parties and could not consent to the issuance of their records. We want to go into a trial within a trial concerning the admissibility of this evidence.”
In response, Adv Phooko expressed astonishment that the defence sought to challenge expert evidence and request that it be tested through a trial within a trial.
“In my 15 years as a prosecutor, my Lady, it is my first time hearing such a baseless objection. You cannot apply for expert evidence to be referred to a trial within a trial. A trial within a trial is meant to test the admissibility of confessions, pointings-out, and informal confessions, my Lady. Its purpose is to determine the voluntariness of such evidence, but in this case the defence argument is misplaced.
“The police are entitled to investigate, and the law allows them to apply for such an order if the need arises. Defence cannot raise a constitutional issue within criminal proceedings. My Lady, you cannot even entertain that—the court should dismiss the objection here and now,” argued Adv Phooko.
After hearing both sides, Judge Makhetha ruled that Adv Lesaoana must be granted an opportunity to make proper submissions so the court can fully consider the matter.
“The court considers it crucial to give defence a chance to make their application so that a clear ruling can be made based on the application itself and the Crown’s response. I therefore order the defence to file their application on the issue, and parties must exchange papers. The matter will be heard on 18 December 2025,” ruled Justice Makhetha.
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