The marathon Daisy Loo case is set to resume before Gaborone Chief Magistrate Barnabas Nyamazabo on December 8th.
Lawyers representing the accused persons, together with the Attorney General lawyers, early this week composed a list of facts they admitted in terms of section 273(1) of the Criminal Procedure and Evidence Act.
The accused are Daisy Loo Managing Director, Moemedi Dijeng, Frank Molaletsi, Frank Stegling, Gilbert Sithole and Saddi Abbey.
Amongst the long list of admitted facts was that on 2 May 2004, GCC employees performed work along Segoditshane river bed collecting garden refuse placed by Daisy Loo and that they were paid overtime by GCC. The overtime was due to be recovered from Daisy Loo, but that was never done. The incident followed the issuing of notice of non performance, dated 22 April 2004, by GCC to Daisy Loo.
The latter then took issue with the propriety of the notice of non performance to the GCC clerk in a letter dated 21 May 2004. Daisy Loo had then invoiced GCC for over P24 million on June 10 2004.GCC then refused to pay and the matter was taken for arbitration, after which Daisy Loo was awarded over P16 million plus 10% interest and costs.
The arbitral award was subsequently made an order of court, which resulted in the attachment of GCC property. Daisy Loo lawyers at Kebonang Gaoboi and Company was issued with a cheque in the amount of over P21 million, which cheque was then seized by officers of the Directorate on Corruption and Economic Crime.
The lawyers also agreed that in November 2003, a formal complainant was lodged with GCC town clerk’s office. The complaint was from a company called Frenic, to the effect that another company, Call-a-Skip, had been awarded a tender worth over P1 million in Old Naledi, Area B, despite the fact that Call-a-Skip had tendered for a higher amount. Further, Frenic complained that SA Skippers were awarded a tender in Area E even though they had not tendered.
Chief Magistrate Barnabas Nyamazabo is the third magistrate to preside over the case after two other magistrates left. Terrence Rannowane, who initially presided over the case, left to become an acting judge while Takura Charumbira was asked by one of the defense attorneys, Joar Salbany, to recuse himself as he had dealt with the case at the High Court where he was working as a deputy registrar.