Family sues over missing child

Oarabile Mosikare | Monday October 28, 2013 16:38

Olefile Momphitlhi was accompanied by his brothers, Shakes Momphitlhi and Simon Momphitlhi, to Molepolole Police Station on August 7, 2011 to hand himself over after he was suspected of armed robbery.He was detained and police later claimed he had escaped from custody.

Now Mpho Laolang, on behalf of the Momphitlhi family, has instructed Attorney Letsweletse Dingake to sue Commissioner Keabetse Makgophe.  Attorney Letsweletse Dingake has filed a notice of motion before Justice Newman and wants an order directing the police to release a complete copy of the record of the docket of the investigations.

The family also wants all witness statements, investigation diary, police occurrence book and cell registry book.

The attorney also wants a complete list of all exhibits seized during the investigation. Dingake also wants results of forensic tests conducted together with accompanying affidavits.

He also demands the results of the International Mobile Equipment Identity (IMEI) on the text to Momphitlhi's brother and such accompanying affidavit from a duly competent person from the concerned mobile network.

Dingake also wants an order directing Makgophe 'to pay costs of suit and grant the claimant such further and alternative relief as the court may deem fit'. On May 15 this year Dingake wrote to Makgophe in relation to the missing Momphitlhi. Dingake said the family had previously written to the Divisional Commander South with little success and the law firm had escalated the matter to Makgophe's office.

In the letter Dingake asked Makgophe whether the police had done any investigations on the mysterious grave identified by the Momphitlhi family. The lawyer wanted to know the findings of the investigation. If there was no inquiry he wanted to know why that was so. He also wanted to know whether the investigation included a DNA test and if so, what were the results and requested a copy.

On July 18, 2013 Botswana Police Service Deputy Commissioner Bruce Paledi, writing on behalf of Makgophe, responded to Dingake.

'Please be informed that the issues raised by yourselves in a nutshell are an enquiry as to what the police investigations have so far unearthed.

'Unfortunately, I am not as yet in a position to respond to the issues raised as police investigations are ongoing. Lastly, I hope you will find this response in order and that you give the police a chance to investigate this matter to its finality,' wrote Paledi.

This case was filed on September 6, 2013 at Gaborone High Court. The Attorney General has not responded to the lawsuit.