An accused man argues his continued detention threatens his construction business and risks lawsuits.
Hopolang Mokhopi FOLIKE Makhutle, accused of murdering Lesotho Nurses Association Secretary-General Morephe Santi, is seeking bail for a third time. He has filed an urgent review application challenging a High Court ruling that denied him release. Makhutle argues that his ongoing incarceration is jeopardizing his construction business, potentially leading to lost contracts, lawsuits, and distress for his family and employees.
Makhutle contends that the High Court judge failed to properly consider exceptional circumstances for his release, relying on hearsay evidence and wrongly concluding he posed a risk to witnesses. He asserts that no evidence was presented to support claims of witness intimidation. Makhutle maintains he would not interfere with investigations and is prepared to face trial under strict bail conditions.
This latest application follows a Court of Appeal decision to decline jurisdiction over a previous bail appeal. The court agreed that Makhutle should have sought a review of the High Court decision rather than a direct appeal. Makhutle's legal team cites prior cases to argue that fears of witness interference must be supported by specific evidence linking the accused to the alleged risk.
Why it mattersMakhutle's continued detention is presented as a threat to his construction business, potentially causing financial distress and legal issues.
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