Basotho National Party (BNP) leader, MachesetsaMofomobe, is demanding M5 million as compensation from the Directorate on Corruption and Economic Offences (DCEO) following what he calls his illegal and unconstitutional arrest and detention on Thursday last week.
In a letter on Monday through his lawyer, Advocate Fusi Sehapi, Mofomobe noted that upon arrival at the DCEO offices, he was instructed by one officer to switch off his phone.
“We wish to bring to your attention that the arrest and detention of the MP (Mofomobe) was illegal and unconstitutional on the basis that the warrant of arrest was fatally defective for lack of necessary particulars in that it simply stated that the MP was to be arrested for defeating the ends of justice.
“It ought to have stated full particulars liable to form a reasonable suspicion that the offence was committed and/or was about to be committed,” part of the letter reads.
Advocate Sehapi indicated that the alleged offence of defeating of ends of justice was purely a common law and not a statutory crime recognised under the DCEO Act.
Defeating ends of justice does not pass muster as a crime under the definition of proscription of ‘corruption’ and ‘economic offences’ which DCEO is endowed to prevent, he submitted.
“Now owing to the unlawful arrest and detention,the MP’s right to liberty protected in section 6 of Constitution was unjustifiably violated. He was also injured in his personal feelings, dignity and repute. Consequently, client demands M5 million as compensation for the aforesaid violations.”
According to Mofomobe, his wife and other family members were denied entry and access to him while he was detained in a cell at the DCEO.
He says they were turned away at the gate whenthey brought him necessities such as food, medication and blankets.
Later, Advocate Sehapi arrived asking for access to consult Mofomobe but he was also reportedly denied access by officers who arrested him, through DCEO security gate keepers.
DCEO public relations officer, ‘MatlhokomeloSenoko confirmed receipt of Mofomobe’s letter.
She affirmed that the agency was currently reviewing the matter.
