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:
The case should start de novo before another magistrate with competent jurisdiction,
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.
The Registrar should have this order served upon the accused and his Counsel, so that each party should do that which is its duty,
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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The record of proceedings herein is to be returned to the Magistrate Court in Maseru,
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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