Moorosi Tsiane
THE high-profile trial of four police officers accused of the March 2016 murder of their colleague, Police Constable (PC) Mokalekale Khetheng, was on Tuesday postponed to today due to the absence of presiding Judge, Charles Hungwe, who had attended a funeral in his home country of Zimbabwe.
Justice ‘Mafelile Ralebese, who was standing in for Justice Hungwe, told the Crown and defence lawyers that she had been instructed to postpone the matter because of the bereavement.
“Counsels, the matter cannot proceed today, and therefore has to be postponed to 3 August 2023 because Justice Hungwe had a funeral in Zimbabwe, so he will only arrive in the country later today (Tuesday) or on Wednesday,” said Justice Ralebese.
The Director of Public Prosecutions (DPP), Hlalefang Motinyane, had appeared in person for Tuesday’s court proceedings. This could mean she has failed to convince two prosecutors, Advocates Shaun Abrahams and Motene Rafoneke, to prosecute the case.
South Africa’s Adv Abrahams had been roped in to prosecute five of the six high-profile cases involving politicians and members of the security agencies, since 2018. He was assisted by Adv Rafoneke.
However, there was a fallout between DPP Motinyane and the two lawyers who labelled her unprofessional. The duo then withdrew their brief from the case on 21 June 2023.
Subsequently, DPP Motinyane was on 7 July 2023 instructed by Justice Hungwe to resolve her issues with the duo and if this failed, take over the prosecution of the four police officers’ trial.
Senior Superintendent Thabo Tšukulu, the former Hlotse Police Station Commander, is charged alongside Superintendent Mathibeli Mofolo, Inspector Mabitle Matona and Sub-Inspector Haleokoe Taasoane, for the murder.
The other accused person is former Police Commissioner Molahlehi Letsoepa who fled the country in 2017 when investigations and arrests related to the high-profile cases commenced.
Adv Kabelo Letuka and Karabo Mohau King’s Counsel (KC) represent SSP Tšukulu in the case, while Supt Mofolo, Insp Matona and Sub-Insp Taasoane are represented by Adv Zwelakhe Mda KC.
It remains to be seen today whether DPP Motinyane will prosecute the case herself.
However, there is still an issue of the courts’ recording system which was hit by a virus in June 2023 and remains dysfunctional to this day. This technical issue may also hinder the trial from proceeding.
PC Khetheng was last seen alive while being arrested by his colleagues at a traditional feast in Sebothoane, Leribe, on 25 March 2016.
He was arrested on allegations he had torched the house of his superior in Mokhotlong district where he was deployed.
At the time, the Lesotho Mounted Police Service (LMPS) had argued that PC Khetheng had left the Hlotse Police Station without permission and they did not know where he was. However, the Khetheng family argued that the police should know where he was because they had arrested him.
PC Khetheng’s remains were eventually exhumed at Lepereng Cemetery in the Maseru district on 11 August 2017. This after the police were granted a court order for the exhumation by the Maseru Magistrates’ Court in the wake of investigations into his disappearance and suspected murder.
Senior Superintendent Tšukulu, Superintendent Mofolo, Inspector Matona and PC Taasoane were subsequently arrested for PC Khetheng’s alleged murder.