Moorosi Tsiane
NEARLY a decade after the near-fatal shooting of former Lesotho Times editor, Lloyd Mutungamiri, two of the four soldiers accused of carrying out the attack have finally been released on bail.
Brigadier Rapele Mphaki and Lance Corporal Maribe Nathane, accused of the 9 July 2016 attempted murder of Mr Mutungamiri, were on Thursday granted bail by High Court judge Molefi Makara.
The two were each ordered to pay M2 000 and secure a surety valued at M10 000.
Mphaki and Nathane are jointly charged with Nyatso Tsoeunyane and Khutlang Mochesane, who both did not apply for bail initially but have since filed their own application.
The latter’s bail application is expected to be heard this week before Justice Maliepollo Makhetha.
Led by their lawyer, Advocate Kabelo Letuka, Mphaki and Nathane’s primary argument was that their trial has stalled indefinitely following the suspension of the presiding magistrate, Senior Resident Magistrate, Peter Murenzi, earlier this year.
“My Lord, the magistrate presiding over the matter has been suspended and the Crown doesn’t know when the case will proceed, and that to the petitioners constitutes exceptional circumstances on which they can be admitted to bail,” argued Adv Letuka.
The prosecution did not oppose the bail bid.
Delivering judgment, Justice Makara said the delay of nearly 10 years constituted “exceptional circumstances” justifying release.
“The accused have been waiting in jail for almost 10 years for completion of the case, and that constitutes exceptional circumstances. There has been no counter-evidence from the prosecution to suggest any perceptible fear that the accused will defeat the ends of justice,” he ruled.
He added that bail courts are not tasked with determining guilt but are confined to assessing risk and fairness.
“The delay in prosecution is not the making of the petitioners. They have proved an uncontroverted prima facie case that they deserve to be admitted on bail.”
Mphaki and Nathane were therefore released on strict conditions that they pay M2 000 bail deposit, secure a M10 000 surety, report to Thetsane and Lithabaneng police stations on the last Friday of every month and surrender their passports to the court clerk.
Mr Mutungamiri was ambushed as he arrived home from work.
As he was about to open his gate, he was shot multiple times and left for dead.
One bullet shattered two fingers on his right hand, while another tore through his lower jaw, forcing him to undergo specialised reconstructive surgery. A third bullet lodged behind his left ear.
When he testified in March 2022, Mr Mutungamiri told the court he had endured numerous operations and still required further surgery to repair the damage.
The lengthy delay in the soldiers’ trial stems partly from the February suspension of Senior Resident Magistrate Murenzi, who was allegedly involved in an unlawful scheme to facilitate the release of inmates awaiting trial from Lesotho Correctional Service (LCS) facilities.
His suspension followed the arrest of LCS officer Ralekoti Mokhahlane, with whom he allegedly conspired to irregularly release prison inmates.
The two allegedly orchestrated the unlawful release five inmates — Hei “Lekaota” Nketsi, Moeketsi Rantheba, Lebajoa Mpeke, Molahlei Mpeke and Retšelisitsoe Mpeke — all of whom were remanded at the Maseru Central Correctional Institution (MCCI).
Magistrate Murenzi is accused of issuing questionable bail orders that enabled the inmates’ release. Though he initially faced three charges, only one remains, with its details yet to be disclosed.
His suspension came after Chief Justice Sakoane Sakoane ordered an investigation into suspicious bail rulings issued by several judicial officers. The probe was led by High Court and Court of Appeal Registrar, Advocate ’Mathato Sekoai.
Magistrate Murenzi now awaits the outcome of a disciplinary panel chaired by Justice Realeboha Mathaba.