Moorosi Tsiane
The trial of suspended Lesotho Post Bank (LPB) Managing Director Molefi Leqhaoe and 16 co-accused?over?fraud and corruption involving M14 million remains stalled as the Directorate on Corruption and Economic Offences (DCEO) has failed to provide the defense team with witness statements.
The accused include LPB Chief Sales Manager ‘Mathabo Tšehlo and Digital Banking Manager ‘Mamohau Mapota, who allegedly conspired to misuse funds from the Basotho Fleet Scheme.
The scheme was meant to empower disadvantaged Basotho by enabling them to secure loans for vehicle purchases through government contracts.
Instead, it is alleged that the accused facilitated loans for their relatives and associates, violating the bank’s policies and the scheme’s objectives.
The other accused include former Principal Secretary at the Ministry of Gender and Youth, Sports and Recreation, Tjoetsane Seoka, Ministry of Finance employee Folojeng Folojeng, and 11 others.
The DCEO alleges that the fraudulent scheme caused financial losses of M10,582,995 to the government and M3,235,500 to the Lesotho Post Bank.
Additionally, the accused allegedly moved equipment, inventory, and other assets to cover their tracks.
The case, originally scheduled to proceed last Thursday before Central Chief Magistrate ‘Matankiso Nthunya, was postponed after the defence lawyers argued that the Crown intended to ambush them by not providing a witness list or statements.
On Thursday, the defence, led by Advocates Salemane Phafane KC and Rethabile Setlojoane, informed the court that the Crown had still not complied with its obligation to provide the required documents.
“Your Ladyship, I just wanted to place it on record that as at 21 November 2024, the defence has still not received the witness statements, the entire defence team.”
DCEO prosecutor, Adv Tseisa Pone, admitted that the Crown had not complied with the court order, citing logistical challenges.
“My Lady, we have not been able to comply with the order and the reason is that we had problems with our photocopy machine. However, we have sought assistance elsewhere, and the statements are being copied as we speak. These are bulky documents, so it is taking time,” said Adv Pone.
While Adv Pone indicated that one file was ready for submission, Adv Phafane refused to accept?it, insisting that all defense lawyers should receive the files simultaneously.
“I refuse to be given privileged treatment over my colleagues. Even if that were the case, they should have served me at my office, not here at court,” Adv argued.
Magistrate Nthunya acknowledged the logistical difficulties faced by government offices and refrained from holding the Crown in contempt of court.
“I will not hold you in contempt of my order. I know how challenging it is to make photocopies for government employees, especially these bulky documents. I will postpone the matter to next week Thursday, 28 November 2024, for mention. We will set new trial dates once the issue of statements has been finalized,” said Magistrate Nthunya.
Meanwhile, another fraud, corruption, and money laundering case involving microlenders, Platinum Credit’s Managing Director Motena Lishea and her husband, Tšenase Tšenase, also failed to proceed.
The trial is?yet to start?as co-accused Platcorp Holdings?executives,?Philipus Fourie, Simon De La Rey, David De La Harpe, Wayne Barret, and Brett Sievwright?have been seeking to negotiate the terms of their appearance with the DCEO. ?
The DCEO alleges that the Platcorp directors used their Lesotho subsidiary, Platinum Credit, to launder money.?They have vehemently rejected the allegations. The money laundering charges were inexplicably sprung up after the Platcorp executives had just won a court order to retrieve their M280 million investment into Platinum Credit.?
Magistrate Nthunya also deferred this matter to 28 November 2024 for mention.
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