Moorosi Tsiane
INCARCERATED double ritual murderer, Lehlohonolo Scott, will next week know whether he can appeal his 2020 conviction.
This after he pleaded with Justice Keketso Moahloli on Monday to force High Court and Court of Appeal Registrar, Advocate ‘Mathato Sekoai, to afford him a free lawyer to represent him in challenging his lifetime sentence in the Court of Appeal.
Scott, who was convicted and sentenced to life imprisonment on 23 June 2020 by now retired Justice Teboho Moiloa, had written a letter to Adv Sekoai asking to be provided with a pro deo (state sponsored) lawyer, but Adv Sekoai refused without giving any reasons.
Scott therefore asked Justice Keketso Moahloli to review and set aside Adv Sekoai’s decision as irregular, arguing that she should have given him a reason on why she rejected his plea.
Scott was self-representing himself while the state was represented by Advocate T Mohloki.
He argued that he was entitled to a state-sponsored lawyer as he was defending himself against criminal charges and had no resources to afford legal representation.
He said he had since his June 2020 conviction wanted to note an appeal but his then lawyer, Adv Thulo Hoeane’s services were withdrawn. Adv Hoeane had been appointed on pro deo basis to represent Scott before Justice Moiloa.
Scott further argued that Adv Sekoai’s decision to withdraw pro deo counsel impaired his ability to prepare and mount a proper appeal against his conviction and sentencing.
Adv Sekoai, the Chief Legal Aid Counsel, Director of Public Prosecutions Hlalefang Motinyane, the Law Society, Adv Hoeane and Attorney General Rapelang Motsieloa are first to sixth respondents in the application.
Scott also filed his written submissions which Justice Moahloli commended for being comprehensive.
Justice Moahloli questioned the State’s decision to reject Scott’s application for a lawyer.
“I think it could have been better to at least say you did not give him the lawyer because you do not have funds, not just to deny without giving reasons. But I do not want to be misunderstood to be saying you should do that but what I am simply highlighting is that you should have given him a reason as to why his plea was denied,” said Justice Moahloli to Adv Mohloki.
Justice Moahloli then reserved his judgement on the matter to 30 April 2024 at 11am.
Scott was arrested on 12 July 2012 for the murder of his Koalabata neighbours, Moholobela Seetsa and Kamohelo Mohata.
He was accused alongside his mother, ‘Malehlohonolo Scott, with whom he stayed at their Koalabata residence where body parts of Lehata and Seetsa were retrieved by the police.
Justice Moiloa found the duo guilty on 23 June 2020 and sentenced Scott to life imprisonment while the mother, who was gravely ill at the time, was slapped with a suspended three-year sentence. ‘Malehlohonolo died in January 2021.
Scott further argues in his High Court application that the body parts found in his home were planted by the police after he was arrested alongside his mother. He therefore states that he needs to be allowed to note an appeal in order to prove his innocence.
“It was established during my trial that various items exhibited before court were retrieved inside my house days after the police had confiscated my house keys and gained free access to the house. These items they did not find or see during their first search prior to them confiscating the house keys.
“The Crown evidence of what transpired during the search of the house, items retrieved and their mode of retrieval leaves much to be desired as it is evident form the testimonies of Crown witnesses that the said items were only found and seen for the first time after the police had gained free access to the house in the absence of the house residents who were by then in police custody. Evidence on record shows that the house keys were only returned to my brother Rethabile Scott on 14 July 2012 since being confiscated on 12 July 2012.
“It is humbly submitted that whatever items were found and recovered inside the house during this period when the police were in absolute possession of the house key, had nothing whatsoever to do with me but the only inference that can be drawn is that those items were in actual fact planted by those who had gained free access to the house. The decision by the trial judge (Moiloa) to admit such evidence against me was erroneous and stands to be reviewed and set aside by the Court of Appeal.
“The prosecution had failed to connect me with exhibits retrieved from the Corsa van found parked outside my house and failed either to connect me with the said Corsa van or to prove its ownership through the production of evidence.
“It is my testimony that I never owned the said vehicle, and two more defence witnesses corroborated my testimony. It is also my humble submission that whatever was retrieved from this vehicle had nothing to do with me and ought not to have been admitted as evidence against me,” Scott argues.
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