Lawyer, magistrate clash over torture claim in murder case

Hopolang Mokhopi

A tense exchange unfolded in the Maseru Magistrate’s Court this week when Advocate Kabelo Letuka accused Magistrate Motlatsi Kolisang of refusing to record allegations that one of his clients had been subjected to torture while in police custody.

The dispute arose during the first court appearance of two Semonkong men accused of the brutal 2018 murder of Tšeliso Lillane.

The accused, Relebohile Moiketsi (37) of Ha Moiketsi and Poelo Masikane (41) of Ha Masienyane, briefly appeared before Magistrate Kolisang, who remanded them in custody while police investigations continue.

Appearing for Masikane, Adv Letuka told the court that he wished to place two preliminary matters on record. The first related to the prosecution’s indication that investigations were still ongoing, while the second concerned his client’s alleged torture.

“We want it to be placed on record that accused number two (Masikane) has been subjected to torture and is currently receiving medical treatment at Queen ‘Mamohato Memorial Hospital (QMMH),” Adv Letuka said.

He argued that it was important to raise the issue at the earliest opportunity because courts have previously criticised defence lawyers for failing to record allegations of torture during an accused person’s first court appearance.

“When this trial commences, this will become an issue. There are judgments of both the High Court and the Court of Appeal where counsel have been criticised for not raising such matters at the earliest opportunity,” he said.

However, Magistrate Kolisang declined to reopen the record, saying the proceedings had already been concluded.

“I had already closed the record. You should have raised that before I recorded the remand,” the magistrate said.

He added that it would be procedurally incorrect to insert additional submissions after the matter had been concluded.

Adv Letuka responded that the defence was not opposing the remand but merely wanted the allegation recorded for future reference.

“We could not raise this issue before understanding the charge,” he said.

He further requested that, if the court refused to record the allegation, it should at least note that the defence had attempted to raise the matter but that the request had been declined.

“We humbly request that the court records that we made this attempt and the court refused to record it, so that in future I am not accused of manufacturing facts,” Adv Letuka said.

He maintained that the defence was not asking the court to determine whether the torture allegation was true, but simply to acknowledge that the accused was receiving medical treatment and that the matter would be addressed later during the proceedings.

Following the exchange, Adv Letuka said he would accept that the court had declined his request.

Representing the Crown, Advocate Monyane argued that the defence should have raised the issue before the remand proceedings.

“My understanding is that counsel is saying this should be placed on record. He can still raise it before the High Court. It does not necessarily have to be done here,” she said.

She described the issue as a special plea that ought to have been raised before the remand.

According to the charge sheet, the two accused allegedly murdered Lillane on or about 30 June 2018, at Ha Elia, Lithakong in Semonkong.

The prosecution alleges they unlawfully and intentionally caused his death by shooting and stabbing him in the chest before mutilating the body by removing his penis, testicles, left breast and skin around the skull.

The charges were read to the accused, who were informed of their constitutional rights, including the right to legal representation and to apply for bail.

Magistrate Kolisang advised them that any bail application must be made before the High Court, as the Magistrate’s Court lacks jurisdiction to hear murder cases.

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