SUSPECT IN THE APRIL ATTACKS IN LESOTHO SET FREE IN SOUTH

UNCLAS MASERU 000222 SIPDIS DEPT FOR AF/S AND INR/AF PRETORIA FOR DATT E.O. 12958: N/A TAGS: PGOV LT SUBJECT: SUSPECT IN THE APRIL ATTACKS IN LESOTHO SET FREE IN SOUTH AFRICA REF: MASERU 165 AND PREVIOUS ¶1. In a move that surprised many people in the capital Maseru, the weekly Lesotho Times issue of July 2 revealed that the South African authorities had released Makotoko "Mashai" Lerotholi from the custody of the South Africa Police Service (SAPS). According to the Lesotho Mounted Police Service (LMPS), Lerotholi was a prime suspect in the April 22 attacks at the Prime Minister's residence and at Makoanyane Military Barracks which involved South African and Mozambican mercenaries (reftel). For the last two years, Lerotholi has been living in South Africa, where he sought political asylum after he was accused of taking part in the June 2007 attacks on ministerial residences. He had been arrested by the SAPS at Lesotho's request on May 8, 2009, when he went to a Pretoria police station looking for protection after hearing that someone wanted to kill him. ¶2. According to his lawyer, Haae Phoofolo, Lerotholi was released on June 23, 2009, after the Lesotho government reportedly failed to initiate extradition proceedings. He added that his client was released on a R2,500 bond (approximately USD 318). He also pointed out that legislation states that if 60 days lapse without compilation of a report, evidence or statement from the complainant, the case may be discharged and restarted. ¶3. Post sources within the Lesotho police expressed frustration and complained that the SAPS were not fully cooperating. The LMPS had expected to be able to interview Lerotholi, but were never granted access to him by the SAPS. Other contacts at the Office of the Director of Public Prosecution (DPP) indicated that they were shocked that the Office of the South African Director of Public Prosecution claims that no evidence or formal extradition request had been presented; post had been told on June 11 that the extradition request had already been filed. ¶4. Comment: This latest turn of events has ignited a great interest across Basotho society. Prior to the Lesotho Times article, Charge d' Affaires was informed by the visiting British DCM about Lerotholi's release. Embassy sources also indicate that the South African High Commissioner was summoned to the Ministry of Foreign Affairs on July 2 to "answer to" the Acting Foreign Minister after these developments. The conflicting statements made by Lesotho and South African authorities raise more questions than answers and some local observers wonder if this is a sign of strained relations between the two countries. Post will continue to monitor the controversial extradition issue and provide updates. POWER