Suit against police over missing suspect kicks off
Oarabile Mosikare | Tuesday June 9, 2015 15:07
Justice Ranier Busang is hearing the week long trial, in which the family wants the police to either “present Momphitlhi for trial or produce his body in whatever form”.
Momphitlhi is believed to have gone missing whilst in police custody in Molepolole on August 7, 2011.
Available documents indicate that Momphitlhi, accompanied by his brothers, Shakes and Simon went to Molepolole Police Station to surrender himself, in connection with an armed robbery incident that happened in the village that same year.
Police detained Momphitlhi but later said he had escaped from their custody. Yesterday, attorney Martin Dingake, representing the Momphitlhi family, said he had one witness and 12 subpoenas. Motivating an application for the state to foot the bill of the subpoenaed witnesses, Dingake said the 12 subpoenas were from police officers that are central to the case.
“The Attorney General has not called these witnesses and we think it is in bad faith. The witnesses have first knowledge of what transpired before Olefile disappeared,” he submitted.
Dingake also said that the Registrar of the High Court had refused to foot the bill for the costs of these subpoenaed witnesses.
“The Registrar did not respond to our letter and elected to make a phone call to us last Friday. The costs of the subpoenaed witnesses should be in the costs of the main case,” he said. Opposing the application, attorney Mpho Taunyane said it was not upon the respondents to help build the plaintiff’s case.
“It was not in bad faith that we did not call some of the witnesses. It would not be fair for the defendants to be asked to pay for the costs of the subpoenaed police officers,” he said. He added that some of those subpoenaed are irrelevant to the case. Dingake however countered this assertion by saying that the request for the costs of subpoenaed officers was not against the Attorney General but the Registrar instead.
Busang said that he would make a decision at the end of the case. The case continues.