Abrahams faces criminal charge

MASERU – A local lawyer, Advocate Fusi Sehapi, is today expected to file a criminal charge against Advocate Shaun Abrahams for allegedly “defeating the ends of justice”.

Advocate Sehapi, told thepost last night that he will be at the Maseru Central Police Station today to file the charge against Advocate Abrahams following advice he got from the police boss.

Advocate Sehapi, who said he is neither involved nor interested in any cases Advocate Abrahams is prosecuting against 48 soldiers, said the top lawyer’s charge will be “defeating the ends of justice”.

He said he decided to lay the charge against Abrahams after a crown witness in a case in which former army boss, Lieutenant General Tlali Kamoli, is being tried said the prosecutor had fabricated his testimony to implicate the retired army commander.

Colonel Thato Phaila told the High Court in July this year that his written testimony was fabricated by Advocate Abrahams “in order to falsely implicate” Lt Gen Kamoli.

“This was a serious allegation made under oath of commission of a serious offence of defeating or obstructing the course of justice,” Advocate Sehapi said in a sworn statement prepared as the basis of the criminal charge to be laid against Advocate Abrahams.

Lt Gen Kamoli and eight other soldiers are facing a murder charge following the killing of Lieutenant General Maaparankoe Mahao.

The army said Lt Gen Mahao was killed during an operation that went awry in June 2015. His family insists he was murdered.

Lt Gen Kamoli and his co-accused could be sentenced to death if found guilty.

“It does not sit well with my conscience that such a serious allegation implicating a role occupant in our Kingdom’s Prosecuting Authority (which is an embodiment of the rule of law) has not precipitated appropriate investigation of the matter,” Advocate Sehapi said.

“I hereby lay a complaint of a commission of the said offence against Adv Shaun Abrahams before the Lesotho Mounted Police Service so that justice may not only be done but should manifestly be seen to be done,” he said.

Advocate Sehapi told the Commissioner of Police Holomo Molibeli in a letter he sent him on Monday that he was turned away at the Maseru Central Charge Office on November 4 when he wanted to lay a charge against Advocate Abrahams.

He said an attending officer who identified herself as Mrs Sehe referred him to the police headquarters saying “cases of this nature are only lodged” there.

Advocate Sehapi told thepost yesterday that the office of the Commissioner of Police referred him back to the Maseru Central Charge Office saying he should ask for the commander if he was not helped.

In February this year, Colonel Phaila, who took the witness stand with the expectation that his testimony would buttress the crown’s case, appeared to exonerate Lt Gen Kamoli.

Turning the tables against the state, Colonel Phaila alleged that the crown counsel, Advocate Abrahams, had fabricated evidence against the former army commander.

Col Phaila told the court that Advocate Abrahams had fabricated his affidavit to give the impression that he had implicated Lt Gen Kamoli.

He said Lt Gen Kamoli could not be associated with Lt Gen Mahao’s murder because he was on leave when it happened.

Col Phaila made the allegations as he was being re-examined by Advocate Abrahams who appeared taken aback by the answers he was getting from a man he thought would corroborate the crown’s case.

There were tense moments when Col Phaila accused Advocate Abrahams of putting words into his mouth.
Advocate Abrahams could not be reached for comment before going to print last night.

Col Phaila told the court that he was “forced to sign an affidavit full of fabrications, which I had insisted should be corrected but that did not happen”.

Caswell Tlali