Irregularities, including a conflict of interest, render one of the affidavits of police involved in the trial of six people accused of murder, null and void.

Advocate Molefi Ntlhoki said this when he cross-examined Inspector Motlatsi Daniel Mothibeli, in the on-going trial, in the Lesotho High Court, on June 2. Inspector Motlatsi Daniel Mothibeli’s affidavit was overwhelmed with irregularities, including the fact that he was sworn to his affidavit by an Inspector Phasumane, who had similar interests, and should therefore not be considered by the court.

The law of the country, regarding oaths, prohibits any person who makes an oath, to do so before another person having similar interests, advocate Ntlhoki maintained.

Inspector Mothibeli asked the court not to reject the affidavit because when he was sworn to it by Phasumane, he did not know that he was contravening the law. It has always been done within the police force, even by his predecessors.

He however refused to be drawn into why his statement about receiving Kutoane Kori’s firearm, dead bullets and shells from Detective Trooper Moepi on March 29, last year, differed from evidence in a submission form which shows the items were submitted to Detective Inspector Pali by Inspector Moepi, on March 28. Moepi and Pali would be the best people to answer that question, he said.

Lesaoana Molomo, Thabiso Mothobi, Bokang Molongoana, Kutoane Kori, Molai Mosoaboli, and Nokoli Hloloane, are charged with the murder of Peter Mokheseng at Qoaling, on March 21, last year.

The case, before Justice 'M'aseshophe Hlajoane, is continuing.

The Prosecutor is Ms Lindiwe Maqutu, who is being assisted by Mr. Tlali Tlali, and Ms Leonia Makoko, while members of a defence team besides Advocate Ntlhoki, comprise Advocates Thulo Hoeane, Hae Phoofolo, and Tahleho Molefi.

03 June 2005