The crown and the defence in the Phakiso Molise trial have agreed on a set date by which decision will be reached on the way forward, following the postponement of the case for the second time due to the absence of its current presiding officer Mr. Lesala Nthabi. 

The two sides agreed that they should come to agreement on October 28 whether Mr. Nthabi continues with the case or a new magistrate is brought in. The case failed to proceed on October because of the absence of the presiding officer. Former second lieutenant Phakiso Molise stands trial for escaping from lawful custody.

One of the defence counsel, Advocate Thulo Hoeane said because this is a criminal case it cannot be postponed indefinitely. Both the crown and the defence had been ready to proceed had the presiding officer availed himself, he said.

The case had been postponed to October 14 by Chief Magistrate Mr. Molefi Makara two weeks ago while Mr. Nthabi  was being contacted to find it whether he was prepared to continue with the case or recused himself.

Mr. Nthabi earlier wrote the Chief Justice asking for clarification on some points of law but was told this had no relevance to the case he was handling. He should decide whether he proceeded with the case or recuses himself, he was told.

The Director of Public Prosecution Mr. Leaba Thetsane and Ms. Thembile Dlangamandla represent the crown while  Advocates Zwelakhe Mda and Thulo Hoeane compose the defence team.

14 October 2005