…as it argues police officers made a mockery of the justice system
By Moorosi Tsiane
THE Crown has called for a harsh sentence against Senior Inspector Mathibeli Mofolo, saying the convicted police officer abused the authority entrusted to him and undermined public confidence in the justice system by taking the law into his own hands.
Advocate (Adv) Nthabeleng Nkoe made the submission before trial Judge Charles Hungwe this week during mitigation proceedings for Mofolo, who was found guilty of murdering his colleague, Police Constable Mokalekale Khetheng, in March 2016.
The Crown also urged the court to impose a deterrent sentence on former Hlotse Police Station commander Senior Superintendent Thabo Tšukulu, who was convicted on charges arising from an attempt to cover up PC Khetheng’s death.
Adv Nkoe argued that the conduct of the two senior police officers struck at the foundation of the criminal justice system because, instead of ensuring that the law took its course, they used their positions to frustrate justice.
She told the court that the case had sent shockwaves through Lesotho and beyond, and that the sentence should reflect not only the seriousness of the offences but also the interests of the public.
“My Lord, the Crown humbly requests that the court take the following points into consideration while imposing the sentence: the circumstances of the accused, the nature of the crime and the interests of the community,” she submitted.
“In essence, that the sentence should fit the criminal as well as the crime, and be fair to society. My Lord, we cannot run away from the fact that this matter brought shockwaves throughout the country. And not only throughout the country but even throughout the international community.”
Adv Nkoe placed particular emphasis on the fact that Mofolo and Tšukulu were police officers entrusted with enforcing the law.
She referred the court to Section 4 of the Police Service Act 1998, which sets out the duties of police officers, including upholding the law, preserving peace, protecting life and property, detecting and preventing crime, apprehending offenders and bringing offenders to justice.
“Accused persons, My Lord, are police officers. And not only that, they held superior offices in the LMPS.
“They were trusted to give direction to junior officers, but they abused their power and they abused the trust of the public,” she said.
The prosecutor said the two men could not hide behind claims that their conduct resulted from mistakes or accidents because, as senior police officers, they understood both the law and the consequences of breaking it.
“Accused persons are not only laypersons or ordinary men in society. They understood the law, they were bound by it, and they were entrusted to uphold it.
“Their actions, My Lord, cannot be said to be mistakes or accidents. Their acts were performed by officers who knew and understood the consequences of their actions. They used and abused their authority to undermine the law and their entire administration of justice.”
According to Adv Nkoe, PC Khetheng should have been taken before a court after he was suspected of committing arson.
Instead, she argued, those responsible for his fate chose to administer their own form of justice.
“The deceased person was alleged to have committed some offence of arson. Injustice should have been brought before the court of law, who then would have determined if he was guilty or otherwise. But they took the law into their own hands and administered their own justice.”
Adv Nkoe further highlighted the anguish suffered by PC Khetheng’s family, saying his removal to a distant location left his relatives without knowledge of his whereabouts for some time.
“He was taken to a faraway place, left there, and his family members took time to know about his whereabouts and how to mourn his passing,” she said.
The Crown therefore urged Justice Hungwe to send a strong message through the sentence.
“I humbly submit a sentence that the court should pass on them should deter potential offenders, especially those with authority, from repeating the same offence. The sentence should restore the faith of the people in the courts,” Adv Nkoe submitted.
But the defence painted a markedly different picture of Snr-Insp Mofolo, asking the court to temper justice with mercy.
Adv Zwelakhe Mda KC, representing Mofolo, urged the court to consider what he described as extenuating circumstances before imposing sentence.
He told the court that his client had lived an otherwise unblemished life before the events that culminated in his conviction.
“My Lord, we submit that he has lived all his life without any blemish, of course, until he was found guilty in this matter,” Adv Mda said.
He said Snr-Insp Mofolo was married and had children and that members of his family were unemployed, placing a significant burden on him as a provider.
Although Mofolo had two children, Adv Mda said he was also responsible for a child belonging to his late brother.
“So actually he has now three children under his care,” he submitted.
The defence further asked the court to take into account the lengthy period Mofolo had spent in custody.
“My Lord, there’s also the issue of the time spent in custody. It applies to all the accused, including, of course, even those who are ultimately acquitted,” Adv Mda said.
“They’ve been waiting in agony at the correctional institution for nine years, and that is relevant, my Lord.”
He also argued that Mofolo had cooperated with the police during the investigation, despite evidence that he had allegedly been subjected to severe brutality while in custody.
“Furthermore, my Lord, which actually touches only the accused too, is the fact that while there was evidence here given by all officers who testified before this court, they showed that the accused too was cooperative throughout to the police.
“But my Lord, notwithstanding that cooperation, there was evidence here that he was actually seriously brutalised by members of the investigation team to a point of near death.”
Adv Mda also asked the judge to consider the absence of premeditation, arguing that there had been no evidence of planning.
“The question of the absence of premeditation is actually even relevant here. The lack of planning should also, we ask His Lordship to take into consideration.
“My Lord, we submit, my Lord, that this court should temper justice with mercy in the case of the accused as the court does.”
Meanwhile, Adv Karabo Mohau KC, representing Tšukulu, also appealed for leniency, proposing that his client be sentenced to three years’ imprisonment.
Adv Mohau told the court that the prescribed punishment for obstruction of justice could include a Level 3 fine or imprisonment.
“My Lord, the sentence prescribed for obstruction of justice is a fine under Level 3. And the fine under Level 3 is a fine between M5000 and M10 000 or imprisonment up to three years or more,” he submitted.
Justice Hungwe, after hearing mitigation submissions from both the Crown and defence, postponed sentencing to 22 September 2026.
Mofolo and Tšukulu were initially charged alongside Inspector Mabitle Matona and Sub-Inspector Haleokoe Taasoane in connection with Khetheng’s death.
However, Insp Matona and Sub-Insp Taasoane were acquitted of the murder charge and immediately released from custody on 24 August 2026.
SSP Tšukulu was instead convicted on alternative charges arising from the alleged cover-up of Khetheng’s death, including obstructing the course of justice and perjury-related offences.
The court found that following PC Khetheng’s killing, Tšukulu became involved in an elaborate effort to conceal what had happened and shield those responsible.
Justice Hungwe found that Tšukulu had instructed that the March 2016 occurrence books and file register be removed from the records office.
He was also found to have participated in constructing a false account that PC Khetheng had never been arrested and had instead left the police station voluntarily.
The court further found that steps had been taken to procure evidence to support that version of events.
Justice Hungwe said Tšukulu’s conduct was incompatible with the claim that he merely believed Khetheng had walked away from the police station.
