…claims the Mosisili govt had already halted murder probe 

Moorosi Tsiane 

MURDER accused former army commander, Tlali Kamoli, has denied allegations that he refused to handover firearms which were used in the 25 June 2015 murder of former army commander, Maaparankoe Mahao, to the police. 

The police had wanted the arms as part of their probe into the brutal killing of Lieutenant-General Mahao, allegedly on Kamoli’s instructions. 

Kamoli said?on Friday through his lawyer, Letuka Molati, he had not obstructed the course of justice. This because?a resolution had already been reached by the then coalition government of Prime Minister Pakalitha Mosisili to allow the Southern African Development Community (SADC) Commission of Inquiry?led by Botswana High Court Judge Mphaphi?Phumaphi to conclude its tasks. 

The commission had been appointed to probe circumstances around the death of Lt-Gen Mahao. 

It began its work on?20 July 2015 and concluded its report on 6 November 2015. 

It , among other things, recommended criminal investigations into Lt-Gen Mahao’s murder and removal of Kamoli as commander of LDF. 

Advocate Molati said the work of the commission had halted the probe into Lt-Gen Mahao’s murder and so Kamoli could not be said to have obstructed any investigations. He said this while cross examining former Commissioner of Police, Holomo Molibeli, on Friday in the ongoing trial of Kamoli and eight other soldiers charged with Lt-Gen Mahao’s murder. 

Mr Molibeli, who was testifying as the 15th?state witness, denied Adv Molati’s claims, saying there had been no such agreement to stop the investigations. Instead Kamoli’s actions had hindered police investigations. 

Earlier on Wednesday, Mr Molibeli told the court that in 2015 when he was acting as the police commissioner, there was animosity between the Lesotho Mounted Police Service (LMPS) and the Lesotho Defence Force. He claimed?Kamoli had even refused to hand over guns which were used in Lt-Gen Mahao’s shooting and others used in the murder of three civilians in Ha Motanyane, in Mafeteng, in 2012, allegedly by five soldiers. 

Due to the animosity between the army and the police and the subsequent intervention of SADC?which had been trying to broker peace in the strife torn country, a Maseru Security Accord was signed on 23 October 2014. It was signed through the facilitation of South African President, Cyril Ramaphosa, who was the SADC mediator. 

Under that Accord, the head of police, then commissioner?Khothatso Tšooana, Kamoli and Lt-Gen Mahao were sent on forced leave to different countries to facilitate the restoration of cordial relations between the two feuding security agencies.? While Commissioner?Tšooana was away, Mr Molibeli, then an Assistant Commissioner of Police, became the Acting Commissioner, before the now retired Deputy Commissioner of Police, Keketso Monaheng, took over the reins to act as the commissioner as well. 

The late Lt-Gen Khoantle Motšomotšo became the acting commander of LDF Commander from 21 November 2014 to 26 May 2015 when Lt-Kamoli was reinstated by then Prime Minister Pakalitha Mosisili after he won the February 2015 snap elections. 

Mr Mosisili was prime minister in a coalition of seven parties, deputised by Lesotho Congress for Democracy leader, Mothetjoa Metsing. 

And during cross examination of Mr Molibeli, Adv Molati said on the day Lt-Gen Mahao died, a meeting was convened by the coalition partners and security agencies bosses later on that day at the State House where it was resolved that all investigations related to politically motivated crimes involving soldiers should be held in abeyance pending the finalisation of the Phumaphi Commission of Inquiry. 

He further claimed that Kamoli was the one who informed the police to go pick Lt-Gen Mahao’s corpse at Makoanyane Military Hospital after Lt-Gen Motšomotšo informed them that Mahao was late. 

“Kamoli was the person who said the police should go and collect the corpse because anyone can interfere with it. The police did not go the same day, but they went the following day,” continued Adv Molati. 

Mr Molibeli said he was not aware of all that. He only knew that police eventually went to collect the body but was not sure of the exact day. However, he insisted it was not true that there was a resolution to halt the investigations as he could have known. 

“That explanation that we should hold the investigations is not true hence I did not know about it. The reason the police went there to collect the corpse was to also start with investigations and this is why we are in court today. 

“There seemed to be a lot of tension in the country around 2015 when I was acting as the commissioner. There was no stability and there was a high crime risk as there was no cooperation between the army and police. There was no trust between these two institutions and therefore even some of the operations meant to curb crime could no longer be held successfully. 

“Things started to get better in 2017 during the tenure of Lt-Gen Motšomotšo as soldiers started to cooperate and that is the reason why we are here today.” 

Lt-Gen Motšomotšo was appointed the substantive Commander of the LDF on 1 December 2016, but was killed in his Ha Ratjomose Barracks office on 5 September 2017, allegedly by two soldiers, Colonel Tefo Hashatsi and Brigadier Bulane Sechele. 

Adv Molati concluded his cross examination in the afternoon and the crown is expected to call in its next witness when the matter continues tomorrow. 

Lt-Gen Mahao was allegedly shot and killed by his colleagues on the 25th?of June 2015 at Ha Lekete, Mokema in Maseru. Kamoli is charged in this case alongside Captain Litekanyo Nyakane, Captain Haleo Makara, Sergeant Lekhooa Moepi, Sergeant Motsamai Fako, Corporals Marasi ‘Moleli, Motšoane Machai, Mohlalefi Seitlheko and Tšitso Ramoholi.