Police Commissioner sued over missing man
Oarabile Mosikare | Wednesday May 28, 2014 15:56
While the police say Olefile has been missing for three years, the family suspects that he was killed in police custody.
The family action came about after Justice David Newman ordered that Police Commissioner Keabetswe Makgophe release documentary evidence in their possession relating to the missing man. He ordered that they produce the complete records and deposit it with the Registrar of High Court. Newman also awarded costs against the police.
According to the family lawyer, Letsweletse Dingake the police have told him that the whole file has gone missing. These are the cellphone exhibits, cell registry, prisoner’s property register and the docket. After learning that the crucial evidence is missing, the Momphitlhi family, through their representative, Mpho Laolang notified the Attorney General (AG) that it intends to sue Makgophe.
It was then that the family gave Makgophe 30 days to produce Olefile. They also applied for alternative relief and costs of suit.
Facts of the matter are that on August 7, 2011, Olefile was accompanied by his brothers, Shakes Momphitlhi and Simon Momphitlhi to Molepolole Police Station to hand himself to the police at around 11am after Olefile was suspected of armed robbery. He was detained. But later the police claimed he had escaped from lawful custody.
Meanwhile potential witnesses against the police in this matter have written to the AG with the intention to sue Makgophe and some his juniors for assault. One claimant Noel Mmupi intends to sue Makgophe, constables B.M Mokoti, L Kgalemang.
According to affidavits, on April 14, 2014 whilst at his residential place in Legonono Ward in Molepolole, Mmupi was assaulted by Mokoti and Kgalemang both of whom are stationed at Molepolole Police Station in the Traffic Division.
According to Dingake, the said officers then took the claimant to the police station whilst bleeding profusely and kept him in the holding cells without taking him to hospital. The claimant was injured on the neck, the left ear was cut, he had back pains, and due to the assault, his wrists and right thumb are now dysfunctional, claims the attorney.
Another potential witness in the case, Moses Jankomane, also intends suing Makgophe and One Ramogale, police officer Kerekang, police officer Mogatle and Kereng Nkgololang. Jankomane claims that on March 19, 2014 whilst by the entrance gate of Bakwena National Primary School picking up students driving a corolla was assaulted by Ramogale, Kerekang, Mogatle and Nkgololang. All of these police officers are stationed at Molepolole Police Station at the Criminal Investigation Department.
The lawyers claim that the said police officers then took the claimant to the police station into the holding cell on March 19, 2014 at 6 pm up to March 20, 2014 at 10 am. The said police officers did not have any reasonable basis and or justification basis to detain the claimant, say the lawyers. The detention and arrest was unlawful, wrongful and without a basis.
“The Claimant was injured on the private parts and or his manhood as a result of police assaults,” reads the statutory notice to the AG.