FORMER Military Intelligence (MI) boss, Brigadier Rapele Mphaki, has claimed that he was tortured by the police, forcing him to implicate the Lesotho Congress for Democracy (LCD) leader and deputy leader; Mothetjoa Metsing and Tšeliso Mokhosi, in the 2017 murder of three civilians.
Brig Mphaki stands accused with nine other soldiers for allegedly strangling the three Famo associated civilians; Lekhoele Noko, Molise Pakela and Khothatso Makibinyane, and dumping their bodies into the Mohale Dam in May 2017.
He made the claims yesterday when testifying in a trial within trial which is intended to test the admissibility of the confessions that were made by the 10 accused soldiers after their 2017 arrests.
The trial within trial was launched in May last year after defence lawyers objected to Crown witness, Detective Inspector Tankiso Lethoko's evidence that Brig Mphaki confessed that his co-accused killed the trio and threw them into the Mohale Dam.
The defence argued that the confession and the pointing out of where the bodies had been thrown had not been done voluntarily and freely. The evidence was therefore inadmissible.
Crown counsel, Advocate Motene Rafoneke, has concluded leading his witnesses in evidence.
The defence's first witness was the first accused, Brig Mphaki, who was led in evidence by his lawyer, Adv Letuka Molati.
The lawyer asked him to narrate the chronology of events from the time he was arrested on 20 September 2017 until the bodies were extracted from the Mohale Dam.
Brig Mphaki told presiding judge, Justice Moroke Mokhesi, that he handed himself over at the Police Headquarters on 20 September 2017. The then acting Lesotho Defence Force commander, Lineo Poopa, had instructed him to report to the police.
He told the court that upon arrival, he met one Assistant Commissioner of Police Ramachaea who took him to the investigating team led by then Senior Superintendent Likhama (now Deputy Commissioner of Police).
He said he was interviewed from 9.30am until 4.45pm.
Brig Mphaki said then Senior Inspector (Sera) Makharilele (now Deputy Commissioner) took him to another office where he found a team of eight police officers, namely; Seargent Thamae Thamae, then Inspector Beleme Lebajoa (now DCP), Lance Seargent Mohanoe, Lance Seargent Nkiane, Police Constable's Lethoko, Seutloali, Nthejane and Tshabalala.
"When we enter that office Makharilele said, 'Inspector Lebajoa that person you were looking for is here', and he stepped out of the room. I was offered a seat and Insp Lebajoa told me that they had called me to explain the issue of the three civilians who were killed by me and other soldiers I worked with. I told them I did not know anything regarding that matter. They started shouting at me saying we had killed those men so I should tell them where they were and I insisted that I did not know what they were talking about.
"They got more furious and started talking all at once saying I was being playful, and they started to undress me spewing insults at me. They told me that I would know them very well," said Brig Mphaki.
Brig Mphaki said one of the police officers rushed to a locker which was behind him and took out a huge plastic bag, a wire, and a fighting stick.
He said they fastened him with the wire, forced him to squat with his knees on his chest, still throwing insults at him, whilst wrestling to get him in that black plastic bag.
"That was when they told me that their informant has told them that we had killed three men and threw their bodies where Hlotse River joined Mohokare (Caledon River). They started to pour me with cold water on my head as they were twisting that wire on my hands. They kept on tightening the wire," he said.
He claimed the torture was stopped for a moment as the investigators stepped out of the room. He said he heard them speaking over the phone in the corridor.
He said when they returned, they told him that their informant had told them that in fact the corpses were thrown in Mohale Dam.
Brig Mphaki claimed it was during that time that the investigating team said he should implicate Messrs Metsing and Mokhosi by saying the cars which had been used to ferry those corpses to Mohale Dam belonged to the two politicians. He said they told him that if he helped them to implicate that duo, he would get his terminal benefits from the LDF and he would also be freed.
"I was shocked because I knew nothing about what they were talking about. They tried to force me into implicating Metsing and Mokhosi that they had lent soldiers their cars to transport the corpses to Mohale Dam. But I refused. They were not happy at all and continued hauling insults at me and gave me back my clothes. After wearing them I was then taken into the cell around 9pm," Brig Mphaki said.
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Then Prime Minister Thomas Thabane had just unseated Pakalitha Mosisili's government post the February 2017 general election. Mr Metsing had been the Deputy Prime Minister to Mr Mosisili while Mr Mokhosi had served as the Defence and National Security Minister.
Mr Thabane and the LCD were not seeing eye-to-eye at the time post their fallout which collapsed their 2012-2015 coalition.
Brig Mphaki is currently standing trial for the three murder charges alongside Major Pitso Ramoepane, Sergeant Lekhooa Moepi, Captain Mahlehle Moeletsi, Lance Corporal Mahlomola Makhoali, Private(s) Nthatakane Motanyane, Motšoane Machai, Tieho Tikiso, Liphapang Sefako and Nemase Faso.
They have all been in remand prison since their September 2017 arrest.
The trial continues today with Brig Mphaki still on the witness stand. He is expected to be cross-examined by Adv Rafoneke.
