Late cop’s family appeals Letsoepa bail

The family of the late Police Constable Mokalekale Khetheng has appealed the High Court’s decision to grant bail to former Police Commissioner Molahlehi Letsoepa, who is accused of masterminding his murder in 2016.

Letsoepa was granted M1000 bail by the High Court earlier this year.

Khetheng’s family this week appealed the bail decision in the Appeal Court, seeking that the former police boss be committed to jail pending trial. They are represented by Advocate Christopher Lephuthing.

The appeal will be heard during the Court of Appeal’s second session that started on Tuesday this week and will be concluded on October 31, 2025.

The outcome of the appeal will determine whether Letsoepa will be detained or remain released, pending the trial’s conclusion.

Letsoepa’s conditions of seeking bail included that he is a citizen of Lesotho and a retired officer of the Lesotho Mounted Police Service (LMPS), who once held the position of Commissioner of Police.

He added that he is married with two minor children and suffers from severe hypertension and diabetes, conditions that require specialised treatment and a strict diet.

Letsoepa further requested the bail under condition that he pays a M1000 deposit, attend his trial until its conclusion, refrain from tampering with state witnesses, report to the Maseru Central Police Office fortnightly on Fridays, and surrender his passport to the Maseru Central Charge Office.

Khetheng’s troubles began on December 19, 2015, when he was arrested for suspected involvement in burning a police commander’s house in Mokhotlong.

Letsoepa allegedly visited Khetheng while he was in detention.

The State alleges that after Khetheng’s release on bail, further arson attacks occurred, including the burning of several buildings in Hlotse and Maputsoe. He was also suspected of involvement, leading to his arrest again on March 26, 2016, at a feast in Sebothoane in Leribe district and was taken to Hlotse Police Station where he allegedly disappeared.

On March 27, 2016, an unidentified body was discovered in Ha Mokhalinyane in Maseru and was later buried at Lepereng but was later exhumed on August 4, 2017 and identified as Khetheng.

Following Khetheng’s disappearance, his father, Thabo Khetheng filed a habeas corpus application, which Letsoepa and Senior Superintendent Thabo Tšukulu opposed.

Applicants in the case are Thabo (father) and Mabula Khetheng (brother), while DPP, Letsoepa, Law Society of Lesotho and Attorney General are cited as respondents.

The applicants are seeking a court order to review the High Court’s decision to grant bail to Letsoepa, who is implicated in the murder of Khetheng.

The family also claim unfair play and potential collusion between the Attorney General (AG) and Letsoepa.

The crux of the matter lies in the DPP’s decision-making process and potential inconsistencies in applying the law.

The family’s appeal follows several attempts to plead with the Director of Public Prosecutions (DPP)’s office for action after Khetheng was allegedly murdered by his colleagues close to 10 years ago.

In his founding affidavit, Khetheng’s father, Thabo, stated that the purpose of the application is to uphold the rule of law and protect the Constitution.

Specifically, the application aims to safeguard the rights of victims of crime, in this case, allegedly committed by Letsoepa.

Thabo also alleges unequal treatment by the DPP in handling the case involving Letsoepa and four other suspects implicated in Khetheng’s murder.

He claims that the AG and Commissioner of Police worked together to defeat the ends of justice, and the court’s decision to grant bail was absurd.

He adds that in the main, the various contentions raised affect the operations of the office of AG and DPP, the extent at which stands to be determined on the basis of the judgment in the case of Thabo Khetheng V Commissioner of Police and seven others.

Thabo says it is clear that the AG and Commissioner of Police worked together in their coordinated effort calculated to defeat the ends of justice and his reasons for the review relief in this case is that it is ‘patently absurd’ that Letsoepa had been admitted bail.

He argues that the court granted bail to Letsoepa under the circumstances which require an inquiry into proceedings which commenced as habeas corpus application.

“In this case, the fact that AG and Letsoepa then opposed the habeas corpus application, and that the parties have coalesced to release Letsoepa on bail are overlapping.

“As the applicants, we have deep seated perception of unfair play on the part of the crown that their plan is to exonerate Letsoepa from criminal prosecution on charges of murder,” Thabo wrote.

He also submitted that AG’s and Letsoepa’s conduct is materially related to the manner in which they facilitated his release on bail in the same manner in which they opposed the habeas corpus application.

“I seek to deal with the background circumstances underlying the dispute in the matter. I deadlock with crown over what must happen to the charges of murder that Mr Letsoepa is facing. The answers I got are vague and blurred. I am unhappy with the decision of the Court in terms of which Mr Letsoepa had been granted bail in chambers.

“Transparency connotes openness, frankness, honesty, absence of bias, collusion and consideration of any sort. I am setting up facts which requires a proper assessment of the release of Mr Letsoepa on bail,” Thabo noted.

He continued: “For the record, I wish to indicate that Mr Letsoepa undermined and jeopardised the objectives or the proper functioning of the criminal justice system when he was the Commissioner of Police.”

Other suspects in the ongoing case include: Senior Superintendent Thabo Tšukulu, Superintendent Mothibeli Mofolo, Inspector Mabitle Matona and Sub-Inspector Haleokoe Taasoane, who have been in remand prison since 2017.