PS fights to block charges

MASERU – THE Principal Secretary of the Ministry of Foreign Affairs and International Relations Thabo Motoko is fighting to block the Director of Public Prosecutions (DPP) from bringing charges against him. Motoko is one of the 10 people who include some Principal Secretaries and business people accused of corruption, fraud, money-laundering and abuse of office.

The charges are related to awarding of contracts and payments to companies that repaired roads during the heavy rains last year. The other nine have been charged and the DPP plans to include Motoko among the suspects.

Advocate Christopher Lephuthing, Motoko’s lawyer argued that those charges cannot be brought against him until the DPP has given him the criminal docket. Adv Lephuthing said a Preparation Examination (PE) should be conducted before his client could be charged. He said so far the only evidence against his client is from a confessed criminal, Paul Ratalane, who threatened to kill people if they do not give him money.

He told the court that Ratalane is the very same person who threatened to kill Baba Ketso, one of the accused, if he did not send him money. He argued they should have a Preparation Examination because nothing apart from Ratalane’s statement implicates Motoko.

Adv Lephuthing said before a person could be charged, he has to be given a docket so that they could prepare their defence. “The Director of Public Prosecutions (DPP) promised to give it to us after 60 days, how on earth is that possible?”

He said they were told that investigations were not yet completed. Adv Monaheng Rasekoai, who represents one of the accused, said they still did not understand why they were charged without a docket. “If there is no docket, I cannot even advise my clients,” Adv Rasekoai said. “We are now on bail, no PE conducted, no docket. We are also faced with additional charges but when we request a docket we are told we are going to get it after two months.”

“We plead that justice is served and only the Magistrate’s Court has power to conduct the PE,” Adv Rasekoai said.

Advocate ’Mamongonyo Basi, for the crown, said the lawyers should not dictate how the case should be handled. Adv Basi said it is only the DPP who has a right to conduct how a case should be as she has powers to do so. She said the Magistrate’s Court was not a proper forum to determine the issue of the powers of the DPP.

She advised the applicants to approach the Constitutional Court if aggrieved. Adv Basi said regarding Motoko’s application to review and set aside the charges against him, the Magistrate’s Court could only review decisions of the lower courts.“

“The Magistrate’s Court has no powers over decisions of the DPP which are constitutional,” she said.

The crown said Motoko is challenging the directives of the DPP which do not apply to him at the moment. “He has no order to challenge that directive, his application is premature,” it said.

The Magistrate’s Court has no jurisdiction to entertain their matter, Adv Basi said. She said the Magistrate’s Court had exercised its powers to remand Motoko.

Adv Basi said the DPP was right to charge the Principal Secretaries because there is evidence against them. “What Motoko is trying to do is to provide allegations of what might have appeared in the docket,” she said. “If the court allows people to come and say the decision to charge them was irrational so they should not be charged, then almost everyone will come and suspects or criminals will not face the consequences of their actions,” she said.

On the issue of PE, Adv Basi argued that there have to be proceedings first so that it could be conducted. She said the DPP has powers to decide how a case at hand could be held.

“It’s her choice to decide whether a case could go through the PE or not.”

“It is within her powers to decide how and before which court the case should be.”

She argued that the DPP has powers to decide to prosecute a case without a PE.

The Magistrate’s Court will issue its ruling on April 14.

’Malimpho Majoro