Incomplete Judgement ((NA) No.) [1990] LSCA 110 (12 July 1990)

- - t he statements of w i t n e s s e s. T h is m a k es my task very d i f f i- cult because I shall have to rely on what the representative of the D. P. P. says about the kind of evidence they h a v e. In his opposing affidavit M r. Sakoane Peter S a k o a ne deposes that he is a Crown Counsel and as such a representative of the Crown in criminal m a t t e r s. Ha confirms that the Crown has accomplice witnesses and that they are confident with that evidence the applicants will be convicted. I shall assume for the purposes of this application that M r. Sakoane has m a de this statement with a full sense of responsibility and an objective assessment of t he evidence the Crown has against the applicants. As far as 1 am aware Lesotho has no extradition treaty with the Republic of South A f r i c a. I have often pointed out that to cross the river which is the border between our two countries does not require a passport because this river can be crossed at any point without a boat as it has very little water during a greater part of the y e a r. To walk from the Central Charge Office to the border can hardly t a ke one m o re than thirty m i n u t e s, which means that even if the conditions on which applicants were released on bail were that they should surrender their passports to the police and report themselves twice a day at the Central Charge Office, that would not in any way stop them from absconding if they so wished. /5 - - In the circumstances I reluctantly refuse the appli- cation. I feel that the Crown has had a very long time to do their investigations and f or that reason if within forty (40) days from t he date of this judgment the Prosecution fails to commence the trial the applicants may renew this application. J. L. KHEOLA JUDGE 12th July, 1990. For Applicants For Crown - - M r. Nathane M r. Mokhobo