CRI/T/13/97

IN THE
HIGH COURT OF LESOTHO

In the
matter between:

REX

v

LAZARO
'MOTA FIRST ACCUSED

NEO MPIKO
SECOND ACCUSED

'MUSO
LEKOPA THIRD ACCUSED

MOTSEMONATE
MOHATLANE FOURTH ACCUSED

PHELLO
KOLOBE FIFTH ACCUSED

TSOTSI
MPIKO SIXTH ACCUSED

TEBOHO
KOMPI SEVENTH ACCUSED

TSIETSI
PITSO EIGHTH ACCUSED

RETHABILE
'MOTA NINTH ACCUSED

THABO
'MOTA TENTH ACCUSED

RULING

Before
Monapathi J and Gentlemen Assessors Makhera and Motsamai On the 17th
June 1999

There
appeared Messrs K. Sello, M. Ntlhoki and N. Putsoane for Accused No
appearance for the Crown

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After six
postponements the matter was struck off and Accused, who were all
present discharged on the ground of lack of prosecution
by the Crown
of this matter. The Crown was nevertheless entitled to re-indict
later and accused caused to re-appear and plead.

There was
extreme inconvenience, costliness and injustice to all more
particularly the accused who expected to be tried with expediuon
as a
right. It was becoming unfair that despite the matter being fixed for
hearing during this vacation that there was no appearance
by the
Crown. The Court took trouble to have Legal Aid Counsel to be on
standby and I had seriously taken the threats by Counsel
that they
would withdraw if the matter was not proceeding. Even more serious
obviously was the unwillingness by the Crown to prosecute
this
matter. Ruling was recorded on tape.

T.
MONAPATHI

JUDGE

19th June
1999

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