…says he cannot recall who commanded army when Mahao was killed
Moorosi Tsiane
A soldier accused in the murder trial of former army commander, Lieutenant-General Maaparankoe Mahao, left the court stunned this week after claiming he could not remember who was commanding the Lesotho Defence Force (LDF) when Mahao was killed.
Sergeant (Sgt) Lekhooa Moepi made the remarks during cross-examination by prosecutor, Advocate Rethabile Setlojoane, who questioned him on the chain of command and the legality of orders issued during the operation that led to Lt-Gen Mahao’s death.
The questioning focused on events leading up to June 2015, when soldiers had been tasked with arresting officers and members alleged to have plotted mutiny against then army commander, Tlali Kamoli.
Adv Setlojoane referred to Moepi’s earlier testimony and asked whether it was correct that in mid-May 2015 there had been orders to arrest soldiers and officers suspected of mutiny.
Moepi agreed and told the court that, at that stage, the acting army commander was the late Lt-Gen Khoantle Motšomotšo, who was then a Major General and had assumed command after then commander, Lt-Gen Tlali Kamoli, was placed on forced leave.
However, when asked directly who commanded the army on 25 June 2015 — the day Lt-Gen Mahao was fatally shot — Moepi said he could not remember.
“I cannot remember who the commander was then. But General Kamoli was back,” he told the court.
The prosecutor challenged the response and put it to Moepi that Kamoli was in fact the army commander at the time.
Adv Setlojoane then presented a government gazette dated 21 May 2015 showing Kamoli’s reappointment as LDF commander.
“I cannot deny that,” Moepi conceded.
The prosecutor further questioned who had authority to issue lawful military orders and whether instructions given during the operation were valid.
Moepi said that if the now deceased Captain Tefo Hashatsi – then Special Forces commander – had received instructions from Lt-Gen Motšomotšo, then those orders would have been considered lawful within the military command structure.
He testified that at about 6am on 25 June 2015, Hashatsi informed the arrest team that they would arrest “Brigadier” Mahao that day. Moepi and his co-accused always refer to Lt-Gen Mahao as a Brigadier – a rank he assumed before he was appointed commander on 29 August 2014 by then Prime Minister Thomas Thabane.
But Adv Setlojoane argued that Kamoli was the lawful commander at the time, making reliance on Lt-Gen Motšomotšo’s authority questionable.
Moepi responded: “I am not in a position to answer for General Kamoli. He is here; he will answer for himself should he be given a chance.”
The prosecutor suggested that Moepi was retreating from his earlier position that Captain Hashatsi acted on instructions from Lt-Gen Motšomotšo.
Moepi denied this.
“No, Hashatsi said he was instructed by Major General Motšomotšo and I am not abandoning what I have said. I am just saying I cannot answer for General Kamoli,” he said.
Adv Setlojoane further argued that any instructions issued by Motšomotšo after 21 May 2015 were unlawful because he was no longer commander.
“You are aware that whatever instructions you took from Motšomotšo after 21 May 2015 were illegal because he was no longer commander?” the prosecutor asked.
Moepi maintained that the orders were lawful and said he relied on evidence previously given by other witnesses, including Colonel Thato Phaila, who had also described the orders as valid.
The prosecutor pressed him to give his own position rather than rely on others.
Moepi stood by his evidence.
Moepi is standing trial alongside Kamoli, Captain Litekanyo Nyakane, Captain Haleeo Makara, Sergeant Motsamai Fako, Corporal Marasi ‘Moleli, Corporal Motšoane Machai, Corporal Mohlalefi Seitlheko and Corporal Tšitso Ramoholi.
The accused face charges of murdering Lt-Gen Mahao and attempting to murder his nephews, Mahao Mahao and Mabilikoe Leuta, who were travelling with him when soldiers allegedly opened fire on their vehicle.
They are also charged with malicious damage to property after allegedly riddling Mahao’s white Nissan half-truck with bullets.
Kamoli additionally faces charges of allegedly stealing Mahao’s 9mm pistol and Samsung Galaxy cellphone after the fatal shooting.
The trial continues.