Police dragged to court
Sharon Mathala | Monday June 8, 2015 15:49
The family of Olefhile Momphitlhi wants closure on a four-year matter in which their son vanished without a trace while allegedly in police custody.
According to papers before the court, on August, 7, 2011 Momphitlhi accompanied by his brothers, Shakes Momphitlhi and Simon Momphitlhi went to Molepolole Police Station to surrender himself, as he was suspected of an armed robbery incident that happened in Molepolole sometime in 2011. Momphitlhi was detained, and was later said to have escaped from police custody.
Fast forward three years later (2014) and the family through its lawyers, Dingake Law Partners, filed a notice of motion before Justice Newman requesting 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 recorded, the investigation diary, the police occurrence book and cell registry book, both Letsweletse Dingake (the family lawyer) and the Attorney General representing the Police will argue these points today until Friday.
The family’s attorney wrote to Makgophe in relation to the missing Momphitlhi on May 15, 2014. In the letter, Dingake asked Makgophe whether the police had investigated the mysterious grave identified by Momphitlhi family.
The lawyer also wanted to know what their investigations are if not, why such investigations were not done. Dingake also wanted to know whether the investigation included a DNA test and if so, what are the results of the DNA and requested a copy of the DNA results.
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 privy to the issues raised as police investigations are still ongoing. Lastly, I hope you will this response in order and that you give the police a chance to investigate this matter to its finality,” he wrote.
Just last week, Commissioner of Police, Keabetswe Makgophe appeared before the parliamentary Public Accounts committee (PAC) where he stated that his officers are not above the law. “We are aware of such incidents. Where we felt the officer was wrong, we have taken the appropriate action. However we have a provision that allows for minimum force and it is very difficult to measure the force applied,” he said.
Justice Ranier Busang will hear the case.