High Court Judge Singh Walia has reserved judgment in a case in which┬á five convicts and Daisy Loo company┬á are appealing against their conviction. The Magistrates Court in Gaborone found them guilty and sentenced them after they were found to have attempted┬á to defraud┬á Gaborone City┬á Council of┬á P21 million by unlawfully┬á varying┬á a supplier contract with the City Council.
Those appealing are:┬á Frank Molaletsi, Gilbert Sithole, Frank Stegling, Daisy Loo company, its Director, Moemedi Dijeng, and Sadi Abby.
Making final submissions┬á on behalf of four other lawyers┬á in a case that has been in Courts for┬á five years, Unoda Mack submitted that┬á their clients deny the charges.
Mack contended that┬á the┬á current┬á High Court┬á and former Southern Regional Magistrate┬á Barnabas Nyamazabo has┬á erred in his findings┬á that instructions┬á given to Daisy Loo company┬á as contained in exhibits brought before the Court┬á for bush clearing┬á and grass cutting along Segoditshane River bed┬á were a result of conspiracy┬á and not sanctioned by┬á GCC or its former┬á Clerk, Margret Mabua.
Mack said despite the fact that Mabua has admitted authorizing┬á the instructions┬á and work done by Daisy Loo company along Segoditshane River bed the lower court decided otherwise.
He went further to say the state has not led any information to establish┬á the alleged conspiracy┬á and there was no other evidence┬á from which it could reasonably┬á be inferred┬á that there was┬á conspiracy in issuance┬á of letters┬á giving Daisy Loo instructions.
He further submitted that Nyamazabo┬á erred in finding┬á that on 21 October, 2003 the┬á Molaletsi , Sithole and Stegling trio┬á gave false information┬á to former Deputy Mayor, Ezikiel┬á Dube, because Dube was┬á not called to give evidence on information he allegedly┬á received from the three appellants┬á though he was present┬á at the Court.
He said that Mabua had also┬áadmitted that the management report, which forms part of the count, was presented┬á by┬á management┬á to the finance committee┬á of GCC and not Dube and that there was no evidence that the three knew that┬á information on the report presented to the Finance Committee┬á was false.