Saturday, May 28, 2022

Justice Newman takes the witness stand

Former senior partner in Collins and Newman and currently Lobatse High Court judge, David Newman, took to the witness box and told judge designate, Lot Moroka, that there was nothing wrong with the late Louis Nchindo having nominated his company, Golconda Holdings, to be recipient of Plot 3084.

Newman said this when giving evidence as a defence witness in a corruption case against Joseph Matome, Garvas Nchindo and Golconda Holdings.

He said that it was the late Nchindo’s right and obligation to nominate his company as a recipient of the plot.

Newman further said that Nchindo had bought the company for the sole purpose of the transaction.
Before this, the state prosecutors had argued that pro-former documents prepared by Collins and Newman did not reflect the truth because they bore the wrong dates. They further argued that the date on the document should reflect the exact date on which Nchindo and his son Garvas assumed directorship of TDC.

Newman also said that there was only one transaction because Nchindo owned Golconda 100 percent. That in his interpretation of the Deeds Act, it is not forced that conveyors make double transactions.

Another witness, a former employee of Collins and Newman, who was involved in the transaction of the plot, Caroline Polder, told the Court that she erred by entering a wrong date on the pro-former document.

She also told the Court that there were three stages that are used in the transaction, which include inserting a date of offer on the document or the date reflected on the resolution of the meeting of directors.

She conceded that she did not investigate to find out when the resolution was made after realising her mistake in April this year.

Under cross examination by the state lawyer, she admitted that the correct date she could have inserted on the pro-former document was supposed to be the date of offer.

Polder said it was rare that they sometimes insert wrong information on pro-former documents but that this is due to pressure from the overwhelming work they do. She denied that there was any intention to deceive or defraud when she inserted the date.

After her evidence, the defence closed its case then the case was postponed to 28-29 September for final submissions.

Early this week, Moroka found that Matome had eight counts to answer in regard to the case, and Nchindo had four counts with Golconda Holdings having two.

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