—As their 2017 kidnappers are found guilty
Moorosi Tsiane
SENIOR Magistrate Monyake Hlabanyane has sentenced five security agents to six years in prison or a fine of M6,000 each for kidnapping.
The agents were involved in the 2017 kidnapping of former Lesotho National Development Corporation (LNDC) Chief Executive Officer (CEO), Mohato Seleke and his friend Lira Moeti, after falsely accusing the duo of threatening the daughter of a senior police officer.
The five accused individuals from the Lesotho Mounted Police Service (LMPS), the Lesotho Defence Force (LDF), and the National Security Services (NSS), were apprehended for their roles in the abduction that occurred in the early hours of February 25, 2017.
Rethabile Sehloho (LMPS), Tebello Tau and Letholetseng Lekhoaba (LDF), Mpoka Mapetla and Sehloho Thebele (both from the (NSS) were subsequently hauled before the Magistrates Court in February 2018 where they were charged with the kidnapping of Messrs Seleke and Moeti.
They had linked Messrs Seleke and Moeti to a controversial Facebook account, “Makhaola Qalo,” which disseminated sensitive government information and forcibly kidnapped them from their homes in Naleli, Maseru.
According to the charge sheet, the accused unlawfully deprived Messrs Seleke and Moeti of their freedom through force, threats, and deception.
They were allegedly assaulted with AK-47 rifles, and their property was damaged during the abduction.
The long-awaited verdict followed extensive legal proceedings that began in February 2018.
Crown Counsel, Gcinumuzi Tshabalala, presented a compelling case with testimonies from nine witnesses, including Messrs Seleke and Moeti, and various police officers.
In his testimony, Mr Seleke recounted the harrowing experience of being woken by his wife to the sounds of intruders demanding his presence outside.
He said, “Upon going outside, I recognized one of the men, Tebello Tau, who pushed me towards a van parked in my yard. They then demanded to know where Lira Moeti lived.”
Mr Seleke detailed the subsequent ordeal where both men were taken to the Ramabanta Police Station, interrogated about the Facebook account, and held without following standard arrest protocols.
“We were not presented with any legal documentation that would validate our detention, and the way we were treated was inhumane,” Mr Seleke said.
The accused, represented by Adv Motebo Ntabe argued in their defense that Seleke and Moeti had been “arrested” over the death threats they had allegedly made on Facebook against the daughter of former Assistant Commissioner of Police (ACP) Motlatsi Mapola.
They had merely followed lawful instructions to comply with an order from their superiors, they said.
However, the court found that the actions of the accused were not only unlawful but marked by a blatant disregard for established arrest procedures. They had not arrested but essentially kidnapped the duo.
Magistrate Hlabanyane thus found all five accused guilty of all three charges raised against them.
The magistrate determined that the accused were willing participants who jointly carried out the criminal activities.
Their involvement was equal, with the first accused, Sehloho, leading the operation.
For the second count, the evidence primarily implicated the second accused, Tau, but the magistrate ruled that the other accused were also present and worked together towards the common goal of abducting Messrs Seleke and Moeti from their homes. The court concluded that the accused’s contributions were equal in these acts.
The magistrate said that the accused admitted to going to the complainants’ residences and taking them away, which was found to be an unlawful arrest, detention, and act of kidnapping.
In the process of committing the first count, they also perpetrated the second and third counts.
The court determined that the Crown had proven these charges beyond a reasonable doubt, while the defense’s explanation was found unreasonable or unlikely to be true.
“Their participation was equal under the general direction of the operation leader. This court finds that the Crown has managed to prove beyond a reasonable doubt the charges against them, and the verdict reflects the seriousness of the offenses committed,” he declared.
As a result, the magistrate found all five accused guilty on all three charges and sentenced them each to six years in prison or a M6000 fine each.
