Maseru, Mar. 05 — A member of the Lesotho Mounted Police Service (LMPS) Senior Inspector Tankiso Lethoko has filed an application with the High Court sitting as the Constitutional Court in which he is challenging a directive by the Director of Public Prosecutions (DPP) indicating that he should be prosecuted for murder of Ketsepile Moeletsi.
Lethoko was part of a team from the Police Headquarters which assisted the Quthing Police in September 2018 during investigations, as per an operational order by the Commissioner of Police (COMPOL), following the murder of Mamorolong Morolong and Liseloane Morolong which occurred at Pontseng Ha Mosehle in Quthing.
During the investigations, Moeletsi died in the detention cell at the Mount Moorosi Police Station on September 25 2018 as he was one of the suspects. An inquest was then opened as there were allegations of torture of suspects in detention by the police.
It was later recommended that police officers who took part in the investigations be prosecuted. However, the DPP issued a directive that the applicant together with Senior Inspector Tshabalala, Sub Inspector Kikine, Police Constable Sekopo, Police Constable Moshabe and Inspector Nkeane be remanded and tried on the murder charge of Moeletsi.
The applicant argues that the DPP is not fulfilling her mandate in a transparent manner in implementing the recommendations of the inquest.
“By focusing on the applicant and few of his group as being cherry-picked for criminal trial and leaving aside the other police officers recommended for prosecution, the applicant is apprehensive the DPP is maneuvering the system to achieve discrimination instead of addressing the demands in the recommendation of the inquest,” he says in the court papers.
He further argues that in the circumstances where there is a real threat of constitutional irregularity in the manner in which the DPP exercises her powers under section 99 of the Constitution in a way that exposes him to prosecution under section 31 (2) (f)-(g) of the Penal Code Act No.6 of 2010, he must be given an opportunity to challenge the directive of the DPP before he is formally remanded. He says this is due to the importance of the issues raised around the inquest, its complexity and the fullness or otherwise of the arguments advanced.
In the application, Lethoko seeks an order of the court directing execution of the directive dated July 08 2024 authorising that he be remanded and tried on a charge of murder be stayed pending finalisation of the application. He further seeks an interdiction of the DPP from filing an indictment in terms of section 119 of the Criminal Procedure and Evidence Act No.7 of 1981.
He also asks for an order declaring that the Commissioner of Police and Officer Commanding Quthing Police Station are vicariously responsible for the death of Moeletsi.He further requests the court to direct reopening of the inquest to allow the Magistrate to deal with evidence of the COMPOL and the Officer Commanding Quthing Police Station.
The applicant seeks an order declaring the directive unlawful to the extent of its inconsistency with the powers exercised by the Commissioner of Police under section 147 of the Constitution. He asks for an order reviewing and setting aside the recommendations of the inquest as irregular.
He requests an order declaring the resolution of the DPP to charge only six of the police officers for the murder of Moeletsi out of a number recommended for prosecution, as unlawful to the extent of its inconsistency with section 19 of the Constitution.He further requests an order declaring the conduct of the DPP to charge him for murder as abuse of court process.
The application by Lethoko was this week removed from the roll of urgent cases by Chief Justice Sakoane Sakoane as it did not meet the requirements to be heard on urgent basis.
Ends/SM/tl
