Technicalities prevented the Phakiso Molise trial from continuing after the three weeks during which it was put on hold when magistrate Mr. Lesala Nthabi was unable to continue with it.  

The defence in the case filed an application challenging Chief Magistrate Mr. Molefi Makara’s presiding over the case. Defence counsel Zwelakhe Mda argued that it was irregular and unconstitutional for the Chief Magistrate to preside over the case. 

Director of Public Prosecutions (DPP) Mr. Leaba Thetsane, on the other hand, argued that the defence filed its application at the time when the case was expected to proceed in court. Procedurally, he should have been given notice of application prior to coming to court, he maintained.

The case is to continue on January 16 when both sides are to argue on whether the Chief Magistrate Mr. Molefi Makara should preside over the case.  

Former member of the Lesotho police, Second Lieutenant Phakiso Molise is charged with escaping from lawful custody in August 2003, when he was taken for medical examination at Queen Elizabeth II hospital. Thabiso Mothobi is charged with assisting Molise to escape.

Molise is represented by Advocate Zwelakhe Mda while Advocate Thulo Hoeane
represents Mothobi.

13 January 2006