FORMER Army boss, Tlali Kamoli, has been denied bail again by the High Court.
Justice Charles Hungwe has thrown out Kamoli's December 2023 bail application in which he sought bail in the case in which he is accused of the June 2015 murder of former army commander, Maaparankoe Mahao.
He had joined forces with his eight other co-accused in his latest freedom bid.
It was rather a long shot for Kamoli, Captain Litekanyo Nyakane and Sergeant Lekhooa Moepi. They would still have remained in jail, even if Justice Hungwe had granted their application, as the trio stands accused in a plethora of other high-profile cases.
They are charged alongside Capt Haleo Makara, Sgt Motsamai Fako, Corporal Marasi 'Moleli, Corporal Motšoane Machai, Corporal Mohlalefi Seitlheko, and Corporal Tšitso Ramoholi in the Mahao murder case.
Their bail petition was heard on 8 December 2023 by Justice Hungwe. Their lawyers; Advocates Letuka Molati, Napo Mafaesa, Silas Ratau, Kabelo Letuka and Attorney Qhalehang Letsika argued that there were exceptional circumstances which now enabled the court to admit them to bail.
The exceptional circumstances and changed circumstances centred on the numerous withdrawals of South African prosecutor Adv Shaun Abrahams who was prosecuting the case. Adv Abrahams has now "permanently" withdrawn from the case over non-payment. They argued the prosecution was not serious in prosecuting the case.
They also argued that the case was not going to be finished within the reasonable time after Adv Rethabile Setlojoane was appointed as the new prosecutor of the matter.
Adv Setlojoane had requested the Registrar of the High Court, 'Mathato Sekoai, to furnish him with the transcribed records of the proceedings for him to familiarise himself with the case. That has not happened, forcing numerous postponements of the matter.
The soldiers also contended the fact that they have been in jail since their 2017 arrests, constituted an exceptional circumstance when viewed in light of the fact that the trial would take an inordinate time to conclude.
They further argued that contractual issues between the government and Justice Hungwe had also contributed to delays in the case. This because after the judge's contract expired in August last year, the matter could not continue until its renewal in October the same year.
However, Adv Setlojoane successfully counter-argued that the soldiers case lacked merit and asked the court to dismiss it.
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Justice Hungwe dismissed the application this week, saying the soldiers had failed to satisfy him that they had exceptional circumstances which warranted their bailing.
"The petitioners have not satisfied the requirement of exceptional circumstances which would justify the grant of bail," Justice Hungwe said in his judgement.
"Similarly, those who previously unsuccessfully applied for bail, have not demonstrated any change in circumstances since the denial of bail to justify a fresh consideration of their bail application. Consequently, the application is dismissed," ordered Judge Hungwe.
On the issue of his contract, Justice Hungwe said: "There is no foundational basis made in the petition nor is there a demonstration of why, going forward, it is anticipated that there would be delays as a result of such issues. This factor is speculative and irrelevant as dates for the continuation of the trial have already been set."
This case is now scheduled to proceed on Monday 29 January 2024.
Kamoli and accomplices have repeatedly applied for bail and failed to get it.
