No Evidence Against Mokhants'o for Kidnapping, Murder - Judge.

Evidence put before the High Court of Lesotho could not associate one of the former Lesotho Defence Force (LDF) soldiers, Captain Ramabele Mokhants'o, with the death of the then Deputy Prime Minister, Mr. Selometsi Baholo.

High Court judge, Justice Semapo Peete, said there is no credible evidence implicating the accused in the events surrounding the kidnapping of  four ministers at Maseru West and the murdering of the then Deputy Prime-Minister Mr. Selometsi Baholo on April 14, 1994.

Reading judgment in the case in which 11  members of the Lesotho Defence Force are accused of four counts of kidnapping cabinet ministers and one count related to the murder of Mr. Baholo, Justice Peete said Captain Mokhants'o could only be convicted if he was charged with High Treason, as failure to report
conspiracy of that nature is considered as a treasonable offence.

Justice Peete said the only evidence against Captain Mokhants'o is that he was amongst the group of soldiers that were at Makoanyane Barracks on April 13, when Sergeant Lenkoane Molelle allegedly announced there were some ministers that were to be arrested. Captain Mokhants'o is reported to have  laughed at this statement.

As for Corporal Tankiso Majoro, Justice Peete said it is apparent that he was an obedient soldier, who merely obeyed orders to drive the vehicle used to kidnap current Minister of Natural Resources, Mr. Monyane Moleleki, and then cabinet minister Mr. Kelebone Maope. This was under command.

"Corporal Majoro also drove the vehicle that carried heavily armed soldiers to Mr. Baholo's place, as stated by the evidence," Justice Peete said.

He said however, Corporal Majoro should have not obeyed unlawful commands, as he was aware that the kidnapping was unlawful and that the unlawful arrest of Mr. Baholo could result into death, even though it is clear that he was driving reluctantly and without intention.

The Court had accepted evidence that Private Setsomi Letsie had been at the training block at Makoanyane Barracks where he told other soldiers that he was going to get tear gas because Baholo  refused to be arrested. It is apparent that Private Letsie was also present at Mr. Baholo's place.

Justice Peete noted that the crown had failed to adduce evidence that Private Mojaki Mosollo participated in the shooting of Mr. Baholo's house that resulted in Mr. Baholo's death.  

Judgment in the case is expected to be completed on June 16. The crown is represented by Advocate Roland Suhr, while the defence team is made up of Advocates Ts'upane Maieane and Thabo Nteso.

14 June 2004