The Directorate of Public Prosecution (DPP) has appealed a case in which suspended Directorate of Intelligence Service (DIS) Welhemina Maswabi was discharged and acquitted.
The appeal will be heard before a panel of Court of Appeal judges on Wednesday 20th July 2022.
Court documents on the DPP grounds of appeal state that a High Court judge who presided over the matter erred in law and misdirected himself in his findings that there was a decision or decisions to review when such decision or decisions had been withdrawn.
The documents reveal that the judge erred in law and misdirected himself in holding that the DPP decision to prosecute is reviewable in the circumstances of the case.
The DPP is expected to argue that the judge erred in law and misdirected himself in making an order in respect of criminal proceedings that were not before him.
The appeal seeks to demonstrate that judge was also wrong in law because he misdirected himself in ordering the acquittal and discharge of Maswabi when there was no plea entered into the charges either before him or before any other competent court.
High Court Judge Dr Zein Kebonang has discharged and acquitted spy agent Welheminah Maswabi codenamed Butterfly from charges of possession of unexplained property and false declaration of a passport. Another charge of financing terrorism was later withdrawn by the state.
”Butterfly” was implicated alongside former President Ian Khama, former Directorate of Intelligence and Security Services (DIS) Isaac Kgosi and South African businesswoman Bridgette Motsepe-Radebe for allegedly stealing P100 billion from Bank of Botswana.
