Last week temperatures turned high in court as defence lawyers in a controversial Francistown land case took issue with the prosecution for drafting a confusing charge sheet against their clients.
All the attorneys representing the accused, Phazha Kgalemang, Gabriel Komboni, Mishingo Jeremia, Enoch Mazonde, Moabi Madandume and Keitshegile Sechele indicated that the charge sheet had not been properly worded, a motion raised by a fellow defence attorney Moses Kadye,
who had argued before the magistrate that the charge sheet would subject his clients to prejudice.
The lawyers told the North Regional Magistrate in Francistown, Lorraine Makati Lesang, that the charge sheet was drafted in an unfair manner. The core argument was that there was need for it to be rectified to avoid it causing prejudice to their clients.
“There is no clear detail on the particulars and date of the offence committed, but rather all the names are lumped in one charge sheet under a similar offence,” he argued.
The humoristic attorney left the caught in giggles when he mentioned that these indicates that the prosecution might go to the extent of putting the whole town of Francistown into one charge sheet. He further argued that putting all the 33 suspects under the same charge and under the same time of offence is not fair.
“There is need for each case to be dealt with fairly on its own merits,” he asserted.
One of the attorneys in the case, Francistown based attorney, Gabriel Kombomi also took issue with the charge sheet saying that if the charges are dealt with in the manner in which the charge sheet was drafted, the case would take a long time. It would be prejudiced and, further, be costly to their clients.
According to the charge sheet, the accused, Moloko Ursula Mokgokong, and others between the 1st of February 2008 and 30 April in 2008 acting jointly and as public officers in the Department of Lands in Francistown allegedly accepted huge sums of money, the amount being inducement or rewards for illegally issuing a title deed over a piece of state land in their capacities as public officers.
However, in response, the Prosecutor, Samantha Mbikiwa, begged the court to give the state ample time to look at the charge sheet after the objections by the defense attorneys. She further pleaded with court to be granted a separate date to communicate with the attorneys as they had also indicated that there was lack of communication between them on why the names were all lumped under the same charge and the same dates.
Things nearly caused a stalemate when some of the defence attorneys indicated that the state had ample time to look at that charge sheet, therefore there was no need for them to extend time to look at the charge sheet.
However, Magistrate Makati ruled in favour of the state, indicating that she acknowledges that the case had taken long and that it was a stressful journey.
She ruled that the state needs to file its head of arguments in two weeks and the defence will have to reply within 14 days.
Sunday Standard is informed that 35 plots were sold in Francistown and P 3 million is said to have been paid to the suspects as proceeds. A legal advisor in the Ministry of Lands and Housing is also alleged to be involved in the scam.
