…accuses them of conspiring to frame his clients for murder
Moorosi Tsiane
PROMINENT lawyer, Advocate Christopher Lephuthing, has launched a blistering attack on Deputy Commissioner of Police (DCP) Beleme Lebajoa and state prosecutor Advocate Lehlohonolo Phooko, accusing them of colluding to wrongfully charge his clients with murder.
In a strongly worded letter dated 15 July 2025, addressed to Police Commissioner Borotho Matsoso, and copied to the Minister of Local Government, Home Affairs and Police Lebona Lephema, and Prime Minister Sam Matekane, Adv Lephuthing challenges a 15 July 2025 memo from DCP Paseka Mokete.
The memo summons his clients to appear before the Leribe Magistrate’s Court on Friday (tomorrow).
Adv Lephuthing is representing former Leribe Criminal Investigation Division (CID) boss Superintendent ’Mabohlokoa Makotoko, Inspector Tšepo Molaoli, Detective Inspector Mathibe Mathibe, Detective Sergeant Abiel Ponoane, Police Constable Tumelo Ntabanyane, Police Constable Motero Mokhethi, Detective Police Constable Bongani Mzamane, and Women Police Constable Mpuleleng Lengoasa.
The eight officers are accused of the 2019 murder of three robbery suspects who died while in police custody but they have consistently denied killing the suspects, claiming the trio sustained injuries while resisting arrest.
One suspect reportedly died in a shootout with police, while the other two succumbed to injuries allegedly sustained during the arrest process.
The accused have been contesting the charges, arguing that they cannot be prosecuted until an inquest into the deaths is completed. They claim the inquest was stalled after the relevant case file was allegedly stolen from the Leribe Magistrate’s Court by DCP Lebajoa’s team.
Earlier this year, they secured a court order from Leribe Magistrate Thora Semela, who ruled that the matter be referred to the High Court.
The High Court is expected to determine whether the accused can be remanded while their constitutional application, challenging the legality of the charges, is still pending before the Constitutional Court.
The application questions whether the Director of Public Prosecutions (DPP) can lawfully stop an inquest filed under Section 6(f) of the Inquests Proclamation and whether their right to a fair trial under Section 12 of the Constitution is being violated.
In his letter, Adv Lephuthing accuses DCPs Mokete and Lebajoa of misconduct and demands disciplinary action.
“Our clients know your office has already collaborated with DCP Beleme Lebajoa. He is turning them into a prosecution project, despite a binding judgment from the Leribe Magistrate’s Court that references the involvement of Adv Phooko in the constitutional issues now before the Constitutional Court,” Adv Lephuthing wrote.
He further contends that the directive summoning his clients is unlawful and violates existing court rulings.
“We wish to record that steps will soon be taken to confront this extreme problem of criminals in police uniform who collaborate with prosecutors to gain tactical advantage over our clients.”
Adv Lephuthing also accuses DCP Lebajoa’s team of tampering with case records, alleging they “snatched the inquest docket from the Leribe Magistrate’s Court and caused the statements therein to disappear”.
He questions the legality of the 15 July memo summoning his clients, insisting any proper summons must be issued through the court.
“Our clients successfully objected to the charges, and there is a binding judgment. The Leribe Magistrate’s Court is now functus officio. If anything concerning our clients is to be done at that court, a proper summons must be issued in accordance with the law.”
He alleges a broader conspiracy between DCPs Lebajoa and Mokete and Advocate Phooko to frame his clients.
“We wrote . . . regarding the conspiracy to frame our clients with murder charges. We are left with no option but to approach the courts for appropriate relief.”
Adv Lephuthing closes the letter by expressing confidence in Minister Lephema’s integrity, contrasting him with South Africa’s Minister of Police Bheki Cele.
“Fortunately for Lesotho, Hon. Lebona Lephema cannot be outmanoeuvred by criminal syndicates. He has his own hard-earned money and expects nothing from criminals.”
In response, Commissioner Matsoso said he had not seen the letter but dismissed the allegations as “baseless”.
“I have not seen the letter, but those are just baseless accusations. How can a prosecutor work in cahoots with the police to frame suspects? We are the prosecution’s clients just as those police officers are Lephuthing’s clients. Also, DCP Lebajoa is no longer in the CID, so how does that make sense?” said Adv Matsoso.
DCP Mokete also defended the memo, saying it was the same procedure used since the suspects’ initial court appearances.
“I do not understand what his complaint is about. These suspects have always been called to court via memos, and there has never been an issue,” DCP Mokete said.
He said the constitutional questions raised by Adv Lephuthing had already been disposed of by the Constitutional Court.
“The Constitutional Court has ruled on those matters. That’s why we are now proceeding. Whatever issues they still have can be raised before the trial court.”
Adv Phooko, when contacted, declined to comment, citing professional restrictions.
“I am not allowed to comment on work-related matters, even if they appear personal. But yes, I am aware of the letter,” Adv Phooko said.
Efforts to contact DCP Lebajoa for comment were unsuccessful, as his phone was unreachable.
