Molibeli in big trouble

MASERU – THE families of two men who were allegedly killed while in police custody want Commissioner Holomo Molibeli privately prosecuted as an accessory to their murder.

The two men, Lethusang Mongali and Timeletso Sekhonyana, were allegedly murdered by four police officers while in a holding cell at a Hlotse police station in January 2019.

Three years later their families say the police have not told them anything about the investigation into their murder.

The families are now asking the Director of Public Prosecutions (DPP), Advocate Hlalefang Motinyane, to allow them to privately prosecute the commissioner and the four officers.

The request is contained in a letter that the families wrote to the DPP through their lawyer Advocate Letuka Molati, this week.

Advocate Molati tells the DPP that the families want to prosecute Commissioner Molibeli as an accessory to murder.

“The police over-suffocated one of the deceased. He died,” Advocate Molati says in the letter.

“The other suspect was still watching. The police then sought instructions from the police headquarters on what can be done since the other suspect saw them kill his companion.”

“The response or instruction from the police headquarters was that they (Leribe CID police) should kill the second suspect who saw them kill the first suspect to conceal evidence.”

The letter doesn’t say who between Mongali and Sekhonyana was killed first.

Advocate Molati however tells the DPP that one of the police officers involved in the murders had agreed to be an accomplice witness.

He says he could not mention the other suspects’ names but tells the DPP that Commissioner Molibeli will be with them in the dock.

Advocate Molati tells the DPP he wrote to Commissioner Molibeli on March 19, 2019, asking him to investigate the alleged murders.

“The Commissioner of Police did not act at all until when you receive this letter,” he says.

He says many things happened from the time when he wrote to Commissioner Molibeli “including acts of intimidation which came from the police top-brass at police headquarters in relation to this double murder”.

Advocate Molati says his investigation has revealed that Commissioner Molibeli has not opened a murder investigation docket on the cases.

“The Commissioner of Police has not assigned officers to investigate this matter.”

“The Commissioner of Police has no desire to see the police who are suspects in this double murder remanded for murder as it is the law.”

“The Commissioner of Police has instead obstructed the investigations into this matter.”

Advocate Molati says he wants to know whether or not the police opened a case and what is the case number.

And if the case number exists, he says, what is the status of the docket to remand the police officers involved?

He says if the DPP does not answer these questions she should issue him with a private prosecution certificate “so that we can prosecute the four police officers”.

“We shall also prosecute the Commissioner of Police (Mr Holomo Molibeli) as one of the accused for being an accessory to murder,” he said.

Advocate Molati has also asked Advocate Motinyane to interview the two young widows of the victims “and see their tears prior to making a decision in this matter”.

“We are ready to bring them to your office at your earliest convenience were you to deem it necessary.”

“We are unable to divulge further information in this matter especially the particulars of the police officers who will testify in this matter and the one police officer who is going to be an accomplice witness in this matter.”

In the March 2019 letter to Commissioner Molibeli, Advocate Molati had told him that “on a deeper analysis it appears that there is currently a cover-up going on and unlawful acts of defeating the ends of justice being perpetrated”.

He demanded the murder docket be opened, the suspects be remanded, be interdicted from duty to avoid obstruction of investigations, and be warned not to interfere with the investigators, families of the victims and potential witnesses.

He had demanded that Commissioner Molibeli act within 14 days.

“You will see that if you fail to act as per our client’s demand, there may be legal consequences,” he warned.

Commissioner Molibeli told thepost last night that he would answer to “the fake accusations when the time is right”.

“I have not yet received the letter and it might be on the way to me,” Commissioner Molibeli said.

Majara Molupe and Nkheli Liphoto