…as the Crown wraps up its case
Moorosi Tsiane
THE four police officers accused of murdering their colleague, Police Constable (PC) Mokalekale Khetheng, are now seeking to have the charges against them quashed.
One of the defence lawyers, Advocate Karabo Mohau KC, informed the High Court of plans to apply for a discharge on behalf of his client, Senior Superintendent (SSP) Thabo Tšukulu – the former commander of Hlotse Police Station.
This after the Director of Public Prosecutions (DPP), Hlalefang Motinyane, closed the Crown’s case on Monday, having called more than 15 witnesses to testify.
“My Lord, we request some time to prepare submissions in support of the application for discharge at this stage. We want to prepare heads of argument that will be useful to the court,” said Adv Mohau before presiding Judge, Charles Hungwe.
Advocate Zwelahe Mda KC, representing the other three accused, also supported the request. The other three are Senior Inspector Mathibeli Mofolo, Inspector Mabitle Matona, and Sub-Inspector Haleokoe Taasoane.
The four police officers are accused of abducting and murdering PC Khetheng in March 2016, disposing of his body in Ha Setho on the outskirts of Maseru, and later surreptitiously burying at Lepereng Cemetery with other unidentified corpses.
Justice Hungwe granted the request, postponing the matter to 2 June 2025 to allow both parties to file their arguments by 26 May 2025.
This development follows a defence attempt to challenge the testimony of Inspector Rapelang Nkeane, a key state witness. Insp Nkeane testified that Mofolo, Matona, and Taasoane voluntarily led investigators to the location where they had buried Khetheng’s body.
He told the court that he was part of the investigative team assigned to the case, which also included then Inspector Beleme Lebajoa, Sergeant Thamae, Lance Sergeant Mohoang, and PCs Lethoko, Seutloali, and Chabalala. Insp Nkeane said it was Insp Lebajoa who led the investigations that pointed to the three accused, who ultimately led them to Ha Setho and showed them the exact burial spot.
PC Khetheng was last seen alive on 25 March 2016, when he was arrested by fellow officers at a traditional feast in Sebothoane, Leribe. He had reportedly been accused of setting fire to the house of a superior officer in Mokhotlong, where he was stationed.
At the time, during a habeas corpus hearing (a legal process used to determine the whereabouts or detention of a missing person) SSP Tšukulu claimed that Khetheng had walked out of the Hlotse Police Station unnoticed, and police did not know where he had gone. The Khetheng family rejected this, arguing that the police should account for his whereabouts since they had arrested him.
PC Khetheng’s remains were discovered and exhumed on 11 August 2017 at Lepereng Cemetery, after the Maseru Magistrate’s Court granted an order for the exhumation. Police had allegedly been led to the grave by the accused officers.