…but trial stalls as he takes his fight to the Constitutional Court
Hopolang Mokhopi
DEPUTY Commissioner of Police (DCP), Sera Makharilele, has appeared before Magistrate ‘Mamorojele Qoo, facing charges of defeating and interfering with the course of justice.
He is accused of giving misleading information to forensic auditors investigating a massive M32 million fraud case involving Lerotholi Polytechnic, commonly known as Fokothi.
However, his arraignment was deferred after he raised a question of law whether he could be charged. Therefore, his matter will await a Constitutional Court verdict on whether the Maseru Magistrates Court can proceed to charge him.
Background
The scandal dates back to February 2019, when former Lerotholi Polytechnic accountant, Motale Noosi, was charged with defrauding the institution of M32 million. Noosi had previously stunned the Public Accounts Committee (PAC) by claiming he had been helped by a traditional healer to forge colleagues’ signatures and siphon off M16 million from the school’s coffers in 2010.
Instead, he was charged of defrauding the higher learning institution M32 million, using transactions to three South African companies where he claimed to have purchased school equipment that was never delivered.
Prior to that, in July 2018, the PAC had grilled senior college officials about the missing millions. Among those questioned were former rector Tsietsi Lebakae and former acting rector Palo Pokothoane, who were implicated in what the PAC described as an “unlawful enterprise” that cost the institution M32 million between 2007 and 2015. They both denied any involvement.
The PAC proceedings were adjourned indefinitely to allow for the summoning of former staff members, including Limpho Nchephe, Noosi, Mpho Morojele and Moshe Sesoane. This led to Noosi’s bombshell confession about the M16 million embezzlement.
DCP Makharilele
According to the charge sheet, DCP Makharilele, who was then the head of the police Commercial Crimes Counter Unit, is accused of fabricating reports to interfere with the investigation.
In one incident dated 29 September 2017, he allegedly told Police Constable Mohasoa that Standard Lesotho Bank had reported a fraud case. He then instructed the officer to record this in both the police Occurrence Book (OB) and the R.C.I. registers of the Lesotho Mounted Police Service (LMPS), despite the claim being false.
“The accused…did make a false statement to Police Constable Mohasoa…that Standard Lesotho Bank reported a case of fraud and requested the said Police Constable to record the said information in the OB and R.C.I registers of LMPS, with the intent that false information should be included,” reads the charge sheet.
In another count, on 27 October 2017, he allegedly repeated a similar action, this time claiming that Nedbank Lesotho’s Security Manager, Moletsane Makhooane, had reported a fraud case. This too, the Crown alleges was fabricated.
Lastly, it is alleged that on 3 November 2017, DCP Makharilele, acting as the principal investigator in the R.C.I 1074/11/14 case concerning a M32 million fraud at Lerotholi Polytechnic, unlawfully and intentionally made a false statement or performed an unlawful act. Specifically, he is accused of requesting a computer forensic examination and report from Standard Lesotho Bank, while providing incorrect, false, and misleading information regarding the narrative, background, scope, and/or objective of the investigation. This request was reportedly linked to unrelated or falsely connected cases—namely R.C.I 140/09/17 and R.C.I 108/10/17—which had little or no relevance to the Lerotholi Polytechnic money laundering case (R.C.I 1074/11/14). As a result, the digital forensic expert’s analytical approach would have been structured around the misleading information provided, thereby producing forensic results that had no bearing on the actual focus, scope, or objectives of the R.C.I 1074/11/14 investigation. This was allegedly done with the intention of defeating or interfering with the course of justice.
Challenge at the Constitutional Court
DCP Makharilele is represented by Advocate Motiea Teele KC, while the Crown is represented by Adv Tekane Maqakachane.
After the charges were formally presented, Adv Maqakachane informed the court that investigations were complete and the Crown was ready to proceed with prosecution.
However, Adv Teele requested that the case be put on hold, revealing his intention to challenge the legality of his client’s arrest and prosecution. He said he intended to take the matter to the Constitutional Court.
“My Lady, I intend to file an application challenging the manner in which my client was arrested and brought before the court by both members of the LMPS and the DPP,” said Adv Teele.
He asked the court to give him until Wednesday next week to submit an affidavit on behalf of his client. He also proposed that the Crown file their response by 12 June, with his reply following four days later. The hearing, he suggested, should then be scheduled for 18 June 2025.
Adv Maqakachane raised no objections, and Magistrate Qoo agreed to the proposed timeline.
“The matter is accordingly postponed to 18 June, subject to my availability,” Magistrate Qoo ruled.
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