Maseru, Jun 18 — The High Court has on Monday, in a murder trial against army members accused of killing Maaparankoe Mahao, heard that Retired Major 'Mamatela Hokinyana is a witness for the prosecution therefore cannot testify for the prosecution without permission.

Retired Major Hokinyana took the stand today and was introduced as one of the defence witnesses after Captain Haleeo Makara, one of the accused, completed his evidence. She is expected to testify on behalf of one of the accused Lekhooa Moepi who is represented by Advocate Qhalehang Letsika.

Adv. Lehlohonolo Phooko, who is one of the prosecutors in this case argued that it is unprocedural for the defence to use a state witness without their permission and knowledge. He stated that the practice is so bad that legal action can be taken against him. 

He pointed out that they were told that it was Mr. Mokaloba who was going to testify, not Major Hokinyana.

Adv. Letsika argued that the prosecution has closed its case after leading all its witnesses therefore the defence is entitled to call anyone to testify for them.

The Court ruled that the witness should continue to testify as the objection was not raised before she took an oath. It added that the issue will be included in arguments at a later stage of the trial.

Apart from Makara, another defence witness and accused person who has already testified in this case is Captain Litekanyo Nyakane. 

In his evidence, he admitted that he took part in the operation which was intended to arrest the deceased but ended up in his shooting which resulted in his death.

Makara has in his evidence admitted that he shot and killed the deceased adding that he was protecting the leader of the arresting team, the late Captain Tefo Hashatsi who was in danger from Mahao.

The accused who include the Retired Army Commander Lieutenant General Tlali Kamoli are alleged to have intentionally shot and killed Mahao at Ha Lekete in Mokema on June 25 2015.

They are also charged with attempted murder, theft and unlawful damage to property. The case is before Justice Charles Hungwe.