Nat Molomo
MASERU — Eight mercenaries who attempted to assassinate former premier Pakalitha Mosisili and topple his government in April 2009 were on Thursday convicted on 26 counts.
They were however acquitted on four counts of murder for the deaths of their fellow mercenaries who were killed in a shoot-out with members of the Lesotho Defence Force.
The conviction brings to a close a case that had dragged on in the courts over the past three years.
Those who were convicted are Solomon Mabasa, Antonio Lopez, Fransisca Madlate, Mangani Malenge, Angelo Mondlani, George Thomas and Abel Nhantsave.
The eighth suspect, Alberto Makwakwa, died in custody in July last year.
They were charged with 31 counts which included armed robbery, murder, and kidnapping.
High Court judge Justice Thamsanqa Nomngcongo on Thursday acquitted them of four murders while convicting them on the rest of the counts.
The judge said the crown had failed to prove that the suspects had acted with common purpose to kill their four colleagues who were killed in a shoot-out with members of the army.
In his summary of evidence Justice Nomngcongo said there can be no doubt that the accused conspired to kidnap the prime minister of Lesotho when they stormed State House in the early hours of April 22, 2009.
“For that purpose they had to rob the army of Lesotho of ammunition and arms despite foreseeing that death would occur,” he said.
Jessie Ramakatane and Makotoko Lerotholi, aka Mashai, who died in in October 2009, were said to be the master-minds behind the coup attempt.
The judge said the accused would not have escaped a charge of murder had they been involved in a shoot-out with the army at Makoanyane military barracks that could have led to loss of life.
“Fortunately no death occurred at the State House,” he said.
The judge said the court noted there was a dramatic change when the conspirators turned against Lerotholi saying they had had enough and wanted to go home.
He said the coup plotters left Makoanyane barracks with the captured soldiers who they refused to kill after Lerotholi instructed them to execute them.
“It becomes clear to me they had abandoned their intention to kill,” Justice Nomngcongo said.
He said from then on it is clear they were now on the run only to be intercepted by members of the army. It was from that confrontation with the army that their four colleagues were killed.
The court said the four were shot dead not by the conspirators but by the security officers who were pursuing them.
“In my view therefore the doctrine of common purpose cannot be imputed on them,” the judge said.
The Director of Public Prosecution (DPP), Advocate Leaba Thetsane, had submitted that the court should find the mercenaries guilty of murder as they should have foreseen that their actions would be resisted.
The defence team consisting of Advocates Thulo Hoeane, Monaheng Rasekoai and Moekitsi Rasekoai said the four murders could not be blamed on the accused.
The judge postponed the case to tomorrow after the defence asked for time to prepare their submission in mitigation of sentence.
The mitigation will be tomorrow.