‘Cops forced me to confess’

’MATHATO SEBOKA

MASERU – In an emotional testimony, Motšoane Machai, one of the soldiers accused of strangling three men to death in Setibing, Maseru, recounted a harrowing experience of torture and coercion at the hands of police officers.

Appearing before Justice Moroke Mokhesi this week, Machai claimed that his confession was forcibly extracted under extreme duress, leading him to falsely implicate himself and his co-accused in the brutal killings of Lekhoele Noko, Molise Pakela, and Khothatso Makibinyane.

The trial, already attracting intense public scrutiny due to the involvement of Lesotho Defence Force (LDF) members, took a dramatic turn on Wednesday this week as Machai detailed the events leading up to his confession.

It was September 24, 2017 when Machai, then stationed at Mohale’s Hoek, received a call from Captain Makara ordering him to report to Ha Ratjomose, the LDF headquarters. What followed was a chilling sequence of events that would forever alter the course of his life.

On a quiet Saturday morning Machai reported to the LDF office as instructed but was told to return the next day. Sunday came, and, by 10 a.m Machai was sitting in his usual place, unaware that this day would lead him into a terrifying ordeal.

Along with Warrant Officer Liphapang Sefako, his co-accused, Machai was taken to the office of Military Intelligence’s Captain Ramahlele.

“Ramahlele informed us that we were being handed over to the police to assist in a murder investigation,” Machai testified.  It was then, in a sudden twist of fate, that he found himself under arrest.

Fear gripped him as he and Sefako were transported to the Police Headquarters. What awaited them there was even worse than Machai could have imagined. Upon entering the building, they came face-to-face with five men in civilian clothes – strangers, with menacing expressions. These were not soldiers but police officers.

The very atmosphere inside the police headquarters felt charged with tension, an unmistakable sense of danger lingering in the air. Machai quickly realised that the notorious ‘Team Tokho,’ a unit infamous for its brutal torture methods, was responsible for handling their case.

“I realised who they were. They were infamous for their merciless beatings, and the man leading them was Inspector Lebajoa,” Machai explained, his voice steady but filled with the weight of the trauma he endured.

This squad was feared for its reputation in handling suspects with excessive force, and hearing the name of Major Pitso Ramoepana, who had been brutally tortured by the same officers, confirmed Machai’s worst fears.

It was as if he was stepping into the den of a lion, and there was no escape. “They told us to switch off our phones, surrender everything we had, and sit on a bench in the passage,” Machai recounted. What followed was a scene straight out of a horror movie. Armed police officers stood guard at each end of the passage, their rifles drawn in ‘combat ready’ mode.

“It felt like they could shoot at any moment. I was terrified,” Machai said, his voice faltering for the first time.

What happened next only deepened their fear and confusion. Machai was called into an office where Sergeant Nteane, following orders from Inspector Lebajoa, questioned him.

The questions were leading, and the statements seemed pre-determined.  “Nteane asked if I was willing to confess before a magistrate, but I had no idea what they were talking about,” Machai recalled. When he refused, Nteane made it clear that they would tell him exactly what to say.

“They had a script. I was just supposed to repeat their words as if they were my own, before the magistrate. It was absurd. They were asking me to admit to a crime I knew nothing about,” Machai explained.

The tension escalated further when the youngest officer in the room, Lethoko, made an ominous threat. “This is the police, not the army,” he said coldly. “You will do as we say, or you will step on the stick,” implying that Machai would be beaten if he did not comply.

As the day wore on, Machai’s hope of seeing a lawyer or reaching out to anyone for help vanished. Despite managing to inform his wife to call his lawyer, Advocate Napo Mafaesa, the pressure from the police only intensified.

“When my lawyer did not come for me, I knew I was in real trouble,” Machai told the court.  Later that night, after being locked in a cell with fellow accused soldiers, Machai heard Sefako being called out by the police. When Sefako returned, he was visibly shaken.

“He told us that he had been suffocated and drenched with water. I feared I was next,” Machai admitted.

The following day, on Monday, the torture resumed. Machai was called back to the office, but this time, his body and mind had already given in.  The officers, still led by Nteane and Lebajoa, made it clear that he would tell the same story to the magistrate or face more beatings.

Machai, his strength sapped and his will broken, repeated the trumped up confession. “I told myself I had no choice. I would never get to meet my lawyer. I had to survive,” he said. The thought of enduring more torture was unbearable.

He later repeated the story in front of the magistrate, knowing full well that it was not true. As the trial proceeds, Machai’s testimony has become the focal point of a ‘trial within a trial,’ a legal procedure designed to determine whether or not his confession — and those of his co-accused — was obtained under duress.

This legal manoeuvre is critical, as the admissibility of their confessions could shape the entire case. The defence team, led by Advocate Letuka Molati, has argued that Machai and the others were subjected to torture so severe that their statements cannot be considered voluntary.

Molati pointed out that the physical and psychological torment Machai endured amounts to a gross violation of his rights, making the confessions inadmissible. The trial, already mired in controversy due to the alleged involvement of senior military personnel, has drawn significant public attention.

Many are watching closely to see whether justice will be served or whether the case will expose deeper issues within Lesotho’s security cluster. Earlier in June, in a dramatic turn of events, Captain Mahlehle Moeletsi, another accused soldier, broke down in tears during his testimony.  He recounted a similarly harrowing experience, alleging that police officers had tortured him into signing a pre-written confession.

Moeletsi’s testimony painted a vivid picture of the brutal methods employed by the police. He spoke of being suffocated with a plastic bag, being repeatedly beaten, and left with no choice but to sign the confession to stop the agony.

“The torture was unbearable. I could not breathe; I thought I was going to die,” Moeletsi said, his voice cracking as he described the three sessions of torture he endured on September 24, 2017.

The case of the three murdered men, whose bodies were found floating in the Mohale Dam, has gripped the attention of the entire nation. The gruesome killings, allegedly committed by 10 members of the LDF, including Machai and Moeletsi have shocked the country.

The other accused include Brigadier Rapele Mphaki, Major Pitso Ramoepana, Sergeant Lekhooa Moepi, Lance Corporal Mahlomola Makhoali, Privates; Nthatakane Motanyane, Tieho Tikiso, and Nemase Faso.  

They are all accused of carrying out the cold-blooded execution of Noko, Pakela, and Makibinyane on May 16, 2017 before dumping their bodies in the Mohale Dam.