Nat Molomo MASERU — One of the three men charged with the murder of Astoria Bakery boss in 2010 told the court he confessed to the crime after the police tortured him. Thabiso Sephula, 39, told the High Court on Thursday he only admitted to participating in the murder of Thabo Phohleli after the police whipped and used a tyre tube to suffocate him. Sephula is charged with murder, attempted robbery, kidnapping and illegal possession of firearms.
He is charged together with Tello Mabusela and Seabata Ramohajane. Mareka Nthejane who was charged together with the trio was acquitted last week due to lack of evidence. “I admitted to the police that I was present when Phohleli was killed after they whipped me,” he said.
He said he was beaten by a policeman and policewoman while he was handcuffed. “We were taken to police headquarters where we were detained, and the following day I was told that my arrest was in connection with the death of Phohleli,” he told High Court judge Justice Thamsanqa Nomngcongo.
He said he told the police who were interrogating him that on the weekend prior to Phohleli’s murder he was in Tšakholo in Mafeteng district.
He claimed he was ordered to lie down and was suffocated with a tube by a policewoman who sat on his back. The police poured water on my head, he alleged. The police then took him to Phohleli’s home and asked him to show them how they managed to kidnap the businessman.
From Phohleli’s home the police drove him to the Phuthiatsana River where again they asked him to point put where they had left Phohleli’s vehicle.
The case was postponed to November 5.
Meanwhile, Mabusela declined to take the witness stand after alleging that the crown had snatched his witness. Mabusela’s defence lawyer Advocate Thulo Hoeane complained that the crown snatched a potential defence witness, Letsama Pakela, who would have testified that at the time of Phohleli’s murder Mabusela was at his home in Morija. “After we had indicated that Pakela was a potential alibi witness for accused one (Mabusela), the crown approached Pakela as a crown witness,” Hoeane said. He said as a result of the crown’s actions Mabusela’s right to self-defence had been severely prejudiced. He accused the crown of going ahead to seek Pakela’s statement despite knowing that he was a potential defence witness.
This was unacceptable and irregular, the lawyer said. “The accused will not take a witness stand to testify in view of what has happened.”
In response to Hoeane’s allegations the Director of Public Prosecutions (DPP) Leaba Thetsane said there was nothing wrong with the prosecution approaching Pakela because the investigations were still ongoing. Thetsane told the court that the defence had not indicated that it would call Pakela to confirm Mabusela’s alibi.
Phohleli was kidnapped in front of his Ha Tsolo home on September 5, 2010 and his body was found near Phuthiatsana River a few days later.