Rex V Kamoli (CRI/T/0001/2018) [2022]LSHC 17 (11 May 2022);

Summary
Recusal application – prosecutor absenting himself from court proceedings without leave of court and attends to another case without knowledge of court – application for postponement filed by the DPP because of absence of prosecutor – misleading information placed before court in support of such application – prosecutor being the source of such information – another prosecutor appointed – previous prosecutor disqualified from appearing in the case – remarks disapproving manner in which the Crown counsel conducted himself – whether the disqualification of the prosecutor and remarks made in course of proceedings constitute reasonable apprehension of bias – ethical obligations of prosecutors – Speedy Court Trials Act, 2002, sections 5(1), 9(4) and 12(4)
REPORTABLE
IN THE HIGH COURT OF LESOTHO
Held at Maseru
CRI/T/0001/2018
In the matter between:
REX APPLICANT
And
KENNEDY TLALI KAMOLI 1ST ACCUSED