Tuesday, October 19, 2021

Daisy Loo appeal  reaches High Court

High Court Judge Singh Walia has reserved judgment in a case in which  five convicts and Daisy Loo company  are appealing against their conviction. The Magistrates Court in Gaborone found them guilty and sentenced them after they were found to have attempted  to defraud  Gaborone City  Council of  P21 million by unlawfully  varying  a supplier contract with the City Council.

Those appealing are:  Frank Molaletsi, Gilbert Sithole, Frank Stegling, Daisy Loo company, its Director, Moemedi Dijeng, and Sadi Abby.

Making final submissions  on behalf of four other lawyers  in a case that has been in Courts for  five years, Unoda Mack submitted that  their clients deny the charges.

Mack contended that  the  current  High Court  and former Southern Regional Magistrate  Barnabas Nyamazabo has  erred in his findings  that instructions  given to Daisy Loo company  as contained in exhibits brought before the Court  for bush clearing  and grass cutting along Segoditshane River bed  were a result of conspiracy  and not sanctioned by  GCC or its former  Clerk, Margret Mabua.
Mack said despite the fact that Mabua has admitted authorizing  the instructions  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  the alleged conspiracy  and there was no other evidence  from which it could reasonably  be inferred  that there was  conspiracy in issuance  of letters  giving Daisy Loo instructions.

He further submitted that Nyamazabo  erred in finding  that on 21 October, 2003 the  Molaletsi , Sithole and Stegling trio  gave false information  to former Deputy Mayor, Ezikiel  Dube, because Dube was  not called to give evidence on information he allegedly  received from the three appellants  though he was present  at the Court.

He said that Mabua had also admitted that the management report, which forms part of the count, was presented  by  management  to the finance committee  of GCC and not Dube and that there was no evidence that the three knew that  information on the report presented to the Finance Committee  was false.

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