…claim they were extracted under duress
Kabelo Masoabi
TWO men charged with murder have told the Northern Division of the High Court that their alleged confessions were extracted through severe police assault during interrogation at the Maputsoe Police Station.
The accused, Sello Nteso of Ha Hanyenye in Maputsoe and his co-accused, Lebohang Tšepe, are standing trial for the murder of Jabafu Lenyatsa, who was killed on 13 December 2021 at Mohalalitoe, Maputsoe. The matter is before Justice ’Makampong Mokhoro.
Testifying on Tuesday and Wednesday, Nteso, who has pleaded not guilty, alleged that police officers assaulted him shortly after he arrived at the police station on 14 December 2021 to report a separate incident. He claimed that two officers beat him with a stick on his waist, buttocks and under his feet, and suffocated him with plastic bags until he agreed to confess to a crime he did not commit.
“The assault forced me to falsely confess to killing Jabafu Lenyatsa,” Nteso told the court.
His testimony directly contradicts that of prosecution witness Police Constable Motlatsoe, who previously testified that the two accused voluntarily presented themselves at the police station and reported that they had killed Lenyatsa.
Nteso denied this version, stating that he and his co-accused had gone to the police station to report an assault allegedly committed against them by the deceased and another accomplice on the night in question.
He testified that at around 9pm on the evening of the incident, he was walking with Tšepe after accompanying a friend to his wife when two men approached them from behind.
“They suddenly quickened their pace. When they reached us, one produced a knife and ordered us to lie down so they could search us,” Nteso said.
He told the court that they refused, at which point one of the men stabbed Tšepe in the face, leaving a visible wound, while the other struck him on the hand with a hard object, causing swelling and his cellphone to fall and break. A fight ensued.
“Our attackers eventually fled, but we managed to apprehend one of them, whom we recognised as Jabafu (Lenyatsa) from our village,” he said.
Nteso testified that they questioned Lenyatsa about the attack and that he allegedly admitted that robbing people at night was his means of survival. The accused said they decided to take him to the chief’s place, but Lenyatsa escaped along the way and disappeared into the darkness despite their attempts to pursue him.
Under cross-examination, the prosecution challenged Nteso’s account, referring to evidence by Constable Motlatsoe that the interrogation lasted about 10 minutes.
“Is it possible that within 10 minutes officers could have assaulted you with a stick and suffocated you with plastic bags? And do you not find it strange that you went to the police to report assault, only for the police to add more injuries?” the prosecution asked.
“We are still surprised,” Nteso responded.
The prosecution further put it to him that Motlatsoe had testified that both accused appeared uninjured when they arrived at the station and that she observed no facial injuries on Tšepe.
“I put it to you that everything you told the police was said freely, without intimidation or injury, and that nothing influenced your alleged confession,” the prosecutor said.
Nteso rejected this, insisting that both he and his co-accused had visible injuries which were noticed by police officers, including Constable Motlatsoe.
“There were threats upon threats. We were assaulted and suffocated with plastic bags. Motlatsoe was present in the office when other officers intimidated us. Although she did not beat us herself, she was part of the threats,” he said.
He also disputed the claim that the interrogation lasted only 10 minutes, stating that it continued for much longer.
The prosecution further referred to the testimony of another state witness, Police Constable Nono, who told the court that the accused were informed of their rights before allegedly pointing out weapons used in the commission of the crime. According to Nono, the accused led police to various locations where weapons were recovered, including a hammer and a koakoa (an edged sword) from a garage, and a Rambo knife from Tšepe’s house.
The prosecution argued that the description of the weapons was information known only to the accused and that both Constable Nono and the local chief corroborated the pointing-out process.
“These weapons match the descriptions you provided at the police station and were allegedly used to kill the deceased,” the prosecution submitted.
Nteso denied this evidence in its entirety.
“There was never a time when we agreed to point out any weapons. The police did take us to our homes to conduct searches, but no weapons were found. We never discussed any weapons at the police station.”
The prosecution accused Nteso of fabricating his version of events, putting it to him that his testimony was an afterthought.
In response to the allegations of assault, the prosecution said there was no record in the magistrate’s court indicating that the accused’s remand on 15 December 2021 was unsuccessful due to injuries. It was further argued that there was no evidence showing that the Lesotho Correctional Services had refused to admit them because of the alleged injuries.
“Had you been injured as claimed, these issues would have been recorded,” the prosecution argued.
The trial continues, with the second accused, Tšepe, yet to take the stand.
