The Directorate of Public Prosecution has roped in the services of two South African advocates, Johan Wassernna and Greg Wickins, in the marathon Daisy Loo vs. the Directorate of Public Prosecution case which is scheduled to be heard in the Court of Appeal on January 23.
The DPP, together with the Directorate of Public Prosecution, Directorate of Corruption and Economic Crime, Botswana Police Service and Serious Crimes squad’s Victor Mabina, have been dragged to the Court of Appeal by the Provisional Judicial Manager of Daisy Loo, John Hincliffe, and private practitioner, Unoda Mack, for contempt of Court.
This follows the impounding of a P21 million cheque from the company after the Court of Appeal had ordered that they be paid for services they had rendered to the Gaborone City Council.
Daisy Loo’s Hincliffe is in the matter scheduled to be heard on Wednesday next week and he is expected to tell the Court of Appeal judges that it was now clear that the DPP and DCEC were prepared to do anything to thwart compliance with the Court of Appeal order issued last year ordering that they should be given the cheque.
He will also submit to the Court that he has no answers for creditors hounding him following the Court of Appeal order that they should be given the cheque.
DPP lawyer is, on the other hand, expected to submit that the Court of Appeal judgment of July 26 2007 had brought to an end civil proceedings between Daisy Loo and the Gaborone City Council and that the Court of Appeal order has no effect on the continuing criminal proceedings against Daisy Loo.
He is also expected to submit that the urgent application brought before the High Court of July 27, 2007 was an abuse of the process of the High Court as it was brought in contemplation of the criminal case against Daisy Loo.
The DPP advocate is also expected to deny that the DPP was party to action by police that resulted in an order by Magistrate Mguni ordering that proceeds from the impounded cheque be frozen as the police wanted to use the cheque as exhibits in a criminal case. Further, the advocate will say that the Police Commissioner and Mabina of the Serious Crime Unit were within their powers as conferred on them by the statute.
Meanwhile, the criminal case against Daisy Loo, its Director Modiri Dijeng and several Gaborone City Council employees is scheduled to continue next month before Principal Magistrate, Terence Rannowane.
They face charges of, amongst other things, altering tender documents.