R v Ramosie and Another (CRI/556/99; CRI/S/1/00) [2001] LSCA 5 (17 April 2001)

IN T HE HIGH C O U RT OF L E S O T HO In the matter between:- CRI/S/1/00 CRI/556/99 R EX vs L E K A KE R A M O S IE R A L E C H A TE K H O E LE O R D ER Delivered by the Honourable Mr Justice S. N. Peete on the 17th April, 2001 The Accused had been committed to this court for sentence in terms Section 293 (1) of Criminal Procedure and Evidence Act No.9 of 1981. On the 28th December 2000, the Court having heard Ms M a k o ko for the crown and Mr Maieane for the accused, and having perused the record ordered as follows:- "It is clear that when first remanded on 30/4/99 the accused were released on bail and advised by the remanding magistrate Mr Chobokoane of their right to seek legal representation. But on the day of trial Mrs Pinda-Setsabi the trial magistrate seems ex facie the record to have made no inquiry into the issue of legal representation. This was important in view of the seriousness of the offence and potential punishment under sec. 297 of the C PE (Phomolo Khutlisi vs Rex 1993 L LR 19 at 21 per Ackermann J. A). In these circumstances, conviction is quashed and a de novo trial on the same charge is to be instituted (sic-within 30 days) before a Senior Magistrate. The presiding Magistrate shall decide the issue of bail if applied for. The charge of rape still stands." - 2- See Hlalele & Another vs D PP - C.of A. (CRI)No.l2 of 2000 (delivered by Steyn P. on 12th April 2001.) S. N. P E E TE J U D GE