IN THE
HIGH COURT OF LESOTHO

In the
matter between:

REX

V

MOHAU
MAKEPE

Review
Case No. 159/2005 CR 1546/2001

Review
Order No. 13/2005 In Maseru District

REVIEW
ORDER 12th JULY.2005

I decline
to pronounce the proceedings as being in accordance with real and
substantial justice.

"Proceedings
herein are accordingly declared a nullity. Conviction and sentence
are set aside.

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Instead I
order that:

1. The
   case should start de novo before another magistrate with competent
   jurisdiction,

   
   

2. The
   crown (Miss Mofilikoane) and the Clerk of Court in Maseru to issue
   court process and have it served upon the accused, all
   crown
   witnesses; after obtaining a date of hearing. The case should then
   be prosecuted within the month of August 2005.

   
   

3. The
   Registrar should have this order served upon the accused and his
   Counsel, so that each party should do that which is its
   duty,

   
   

4. 
   Crown counsel should give to this court/Registrar a progress report
   as to issue and service of the court process before the
   end of
   August 2005.

   
   

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5. The
   record of proceedings herein is to be returned to the Magistrate
   Court in Maseru,

   
   

6. The
   accused is to be liberated from prison forthwith.

   
   

M. MAHASE
(MRS)

ACTING
JUDGE OF THE HIGH COURT

COPY: All
Chief Magistrates

All Magistrates Magistrate

Maseru All Public Prosecutors

O/C Police Maseru

O/C Prison Maseru

CID - Maseru

Director of Public Prosecutions

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