Maseru, Jan. 06— The Lesotho Mounted Police Service (LMPS) has dismissed claims that motorists suspected of drunk driving are tested using the same breathalyser without changing components, saying each driver is required to blow into a new, disposable straw that is discarded immediately after use.
The clarification follows allegations by Transformation Resource Centre (TRC) Executive Director, Mr. Tsikoane Peshoane, who suggested that a single breathalyser device is used on multiple drivers without proper sanitary precautions.
In a statement shared on its official platforms, LMPS said reports circulating on social media were misleading, stressing that while the breathalyser device itself is reused, every driver is provided with a fresh straw to ensure hygiene and accuracy.
Meanwhile, Mr. Peshoane’s legal team maintains that their client repeatedly demanded a clean breathalyser during his arrest, but one was not provided. The lawyers further argue that police failed to offer an explanation as to why no blood or urine samples were taken for laboratory testing, despite what they describe as conflicting interpretations of how Section 94 of the Road Traffic Act No. 8 of 1981 should be applied.
According to the legal submissions, police records indicate that no positive alcohol test results were obtained in relation to Mr. Peshoane. They add that the adequacy of the proceedings that followed before the Magistrate’s Court, particularly concerning the Section 128 application, has not been challenged at this stage.
The defence team also argues that questions surrounding the functionality and reliability of the breathalyser used in the matter cannot be adequately resolved at the Magistrate’s Court, especially where allegations of abuse of prosecutorial discretion have been raised. They contend that such issues, including the accreditation of breathalyser manufacturers and the scientific validity of the devices, fall within the jurisdiction of the Constitutional Court.
Mr. Peshoane’s lawyers further claim that police labelled their client a drunkard based on breathalyser readings obtained from tests conducted on other motorists.
Mr. Peshoane was allegedly arrested in Mafeteng on suspicion of drunk driving and is said to have refused to blow into the breathalyser.
Ends/MP/BM
