Friday, October 30, 2020

DPP says they are happy with Dibotelo judgment in Nchindo case

Chief prosecutor at the Directorate of Public Prosecution (DPP), Kgosi Ngakayagae, says that they are happy with the recent judgment in the High Court which saw an application for further particulars in relation to charges against the former Managing Director of Debswana, Louis Nchindo, his son Garvas, Joe Matome and Jacob Sesinyi, who are facing corruption charges, dismissed.

Ngakayagae said that after the judgment, they now hoped that the case would proceed before Southern Regional Magistrate, Lot Moroka.

“We now hope the case will continue before Moroka and we are ready for that,” he said.

Ngakayagae also confirmed that they had, at noon on Friday, not received any notice of appeal from the accused‘s lawyers but that they would not be surprised if they appealed the matter.
”We cannot rule out the possibility that they might appeal against the judgment but we will be ready for that as well,” he stressed.

The application was dismissed by Lobatse High Court Maruping Dibotelo who said that he was convinced that the particulars provided in the charge sheets were sufficient for the accused persons to be able to plea to charges they are facing.

On the names of possible witnesses from former President Festus Mogae’s cabinet, Dibotelo said that he was also convinced that they were given the names of those the state will call as witnesses and those it will not. He said that he was convinced that Nicky Oppenheimer would be subpoenaed to give evidence in Court. The DPP told court that Oppenheimer’s statement had been lost.

The judge further ordered that the case be mentioned within 14 days. Dibotelo had earlier on, in another application brought by Nchindo and the other three accused, upheld their application that the criminal trial be stayed till all cases filed in the High Court related to this case before him have been concluded.

All attempts to get a comment from their lawyers at Collins and Newman were futile.

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