…accuses him of lying to court
Moorosi Tsiane
ONE of?five soldiers,?on?trial in a high-profile attempted murder and malicious damage to property?case,?has rejected Advocate (Adv) Raboloetse Makara as his?pro deo?legal?representative, accusing him of lying to court.
Malefane Heqoa?is?charged alongside former army commander Tlali Kamoli?and soldiers?Pitso Ramoepane, Litekanyo Nyakane, and Mohlalefi Seitlheko,?over?the 27 January 2014 simultaneous bombings of former First Lady ‘Maesaiah Thabane’s Moshoeshoe II home and the Ha-Abia residence of then Police Commissioner Khothatso Tšooana.
Initially represented by Adv Thapelo Ntsiki, Heqoa was left without?legal?representation when Adv Ntsiki withdrew from the case on Wednesday. Crown Counsel Adv Rethabile Setlojoane then suggested that Adv Makara, who was on a watching brief, step in to represent Heqoa.
The?suggestion sparked a debate in court. Other defence counsels opposed it, noting Adv Makara’s involvement with the Director of Public Prosecutions (DPP). Adv Letuka Molati, representing Kamoli, argued that Adv Makara was disqualified due to his work for the DPP.
“Adv Makara is handling DPP briefs. I’m uncomfortable co-defending with him. He is disqualified from being a defence lawyer while prosecuting some matters,” Adv Molati contended.
Adv Kabelo Letuka, who represents Ramoepane, concurred, stating, “It would be prejudicial to proceed with a lawyer who hasn’t consulted the client. It would be misconduct for Adv Makara to represent a client without consultation.”
Adv Makara denied receiving briefs from the DPP and expressed readiness to take over and consult with the client.
“I have no briefs from the DPP. I’m prepared to proceed and will consult the client,” he asserted.
However, this publication can confirm that on 15 February 2024, Adv Makara appeared before the Berea Magistrates Court prosecuting a bribery case involving a Berea prosecutor, Lefu Penane. Penane was caught accepting a M1500 bribe from rape accused Seqao Sehloho to?him?avoid prosecution.
The matter was stood down to Thursday. When it resumed, Heqoa addressed the court, declaring that?he had lost confidence in Adv Makara due to his dishonesty.
“My Lord, I wish to put before the court that the lawyer on the watching brief, who is now my counsel, and?who?I met yesterday,?I asked him if it was true that he?had?appeared in a matter in Teyateyaneng Magistrate Court under the brief of the Director of Public Prosecutions?(DPP).
“He said that was not true. But I have information that he indeed appeared as a prosecutor in that matter in Teyateyaneng. I have lost confidence in him. It would be prudent that I am given a chance to appoint a lawyer of my choice. My wife and I have been in contact with a potential lawyer. If given a chance, I can contact my wife, and she will provide the name of the lawyer who will represent me going forward,” submitted Heqoa.
Adv Molati proposed that the matter be discussed in the Judge’s chambers due to ethical concerns related to the latest developments.
“I humbly pray His Lordship to adjourn the matter to his chambers as there is certain information we need to place before him, which relies on professional ethics,” submitted Adv Molati.
The matter was adjourned, and after lunch, Heqoa informed the court that his new counsel would be Adv Rasekoai Thoahlane. Justice Charles Hungwe, who is presiding over the matter, postponed the case to Tuesday?16 July?to give them time to consult.