Cop sues Commissioner for malicious prosecution
Lebogang Mosikare | Thursday April 7, 2016 15:18
However, he successfully argued his case before the police disciplinary board and magistrate court.
Lesole had been charged with buying a stolen rope from two men at Sehithwa police camp on October 12, 2012.
This week, Lesole through his attorney, Isaac Seleka told Justice Barnabas Nyamadzabo of Francistown High Court, that the defendants were admitting liability in the suit but did not agree on the quantum of damage.
“The defendants are admitting the liability to malicious prosecution which was made an order of court on July 10, 2015. Given that they have admitted liability we shall not be calling any witnesses,” said Seleka.
Giving evidence, Lesole said he bought the rope from one Keitumetse Makanda and one other person, when he saw them moving from house to house carrying a fishing net and rope they were selling.
“I was on duty at the time and I bought the rope. It was not my first time to see Makanda and his accomplice. I knew them as fishermen whom I normally saw at the fishing camp on the outskirts of Sehithwa when on patrol. They told me they were selling the items in order to raise money for transport to go to Maun,” said Lesole. He explained that he bought the rope for P100 in order to use it to mend his backyard chicken run only to later receive a telephone report from one Goitse Khupe while he was at the police station.
Khupe, Lesole said, told him that her house has been broken into by thieves who stole her fishing net and rope.
Lesole said he then went to Khupe’s place and discovered that the description of the stolen items matched those Makanda and his friend were selling.
“…We later arrested Makanda and his friend at a shebeen in the village. They admitted that they stole the items from Khupe’s place. I took them to the police station and told the station commander that I had bought a rope that was stolen from Khupe’s house from the suspects.
“The station commander later warned me about receiving stolen property. He added that he wanted to prosecute me for the offence and then expel me from the police service,” said Lesole. Lesole said he felt dishonoured and embarrassed by the words of the station commander because they were uttered in front of other people and the suspects.
Added Lesole: “The station commander dropped me from investigating the case of Makanda and his friend. He said I was an untrustworthy person and on October 22, 2012 I received a suspension letter from the Commissioner of Police… On October 23, 2013 I also received a letter interdicting me from carrying out my police duties. I then started earning half salary. I responded to the letter that I could not live on half salary because I had a loan that I was paying. I told him that after the loan is deducted from my salary I was left with nothing but my pleas fell on deaf ears.”
Lesole also told the court that the letter he received from the Commissioner also explicitly stated that he should not leave Sehithwa police camp pending the finalisation of his case which he obediently complied with.
“My movements were restricted and my life became a living hell. I was restricted from leaving the camp from February 21, 2013 until June 20, 2014. It was like house arrest and I struggled to feed my family. I ended up borrowing money from my police guarantee loan scheme, which under normal circumstances I could have accessed after my retirement in 2025. I also borrowed P15,000 from my cousin which attracted 20 percent interest,” said Lesole, adding that the charges laid against him embarrassed him a lot before his colleagues and people from neighbouring villages who knew him as a law abiding citizen.
The case continues.