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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