NEARLY a decade after the near-fatal shooting of former Lesotho Times editor, Lloyd Mutungamiri (pictured), two of the four soldiers accused of carrying out the attack have finally been released on bail.

Brigadier Rapele Mphaki and Lance Corporal Maribe Nathane, accused of the 9 July 2016 attempted
murder of Mr Mutungamiri, were on Thursday granted bail by High Court judge Molefi Makara.
The two were each ordered to pay M2 000 and secure a surety valued at M10 000. Mphaki and Nathane are jointly charged with Nyatso Tsoeunyane and Khutlang Mochesane, who both did not apply for bail initially but have since fi led their own application.

The latter’s bail application is expected to be heard this week before Justice Maliepollo Makhetha.
Led by their lawyer, Advocate Kabelo Letuka, Mphaki and Nathane’s primary argument was that their trial has stalled indefi nitely following the suspension of the presiding magistrate, Senior Resident Magistrate, Peter Murenzi, earlier this year.

“My Lord, the magistrate presiding over the matter has been suspended and the Crown doesn’t know when the case will proceed, and that to the petitioners constitutes exceptional circumstances on which they can be admitted to bail,” argued Adv Letuka.
The prosecution did not oppose the bail bid.
Delivering judgment, Justice Makara said the delay of nearly 10 years constituted “exceptional circumstances” justifying release.
“The accused have been waiting in jail for almost 10 years for completion of the case, and that constitutes exceptional circumstances. There has been no counter — evidence from the prosecution to suggest any perceptible fear that the accused will defeat the ends of justice,” he ruled.
He added that bail courts are not tasked with determining guilt but are confi ned to assessing risk and fairness. “The delay in prosecution is not the making of the petitioners. They have proved an uncontroverted prima facie case that they deserve to be admitted on bail.”
Mphaki and Nathane were therefore released on strict conditions that they pay M2 000 bail deposit,
secure a M10 000 surety, report to Thetsane and Lithabaneng police stations on the last Friday of every month and surrender their passports to the court clerk.
Mr Mutungamiri was ambushed as he arrivedhome from work