Gaborone lawyer, Gabriel Kanjabanga, has parted ways with his lawyer Duma Boko and engaged lawyer Dick Bayford in a case in which he wants Francistown High Court judge Mpaphi Phumaphi to order that fraud charges against him and his co-accused are unconstitutional as the state had taken long to bring them to Court.
Kanjabanga, along with Boitshwarelo Moreemang, Kudzani Gaabopiwe and Leketso Tumelo, is facing fraud charges.
The case had barely started in the Magistrate Court when the accused persons made the application to the High Court.
Charges against them are that Kanjabanga and the second accused person, Boisthwarelo Moreemang, had, in January 2004 near Kanye and acting in concert, stole a cheque leaf bearing number 16391, which was the property of the Southern District Council.
The state further alleges in the Gaborone Administrative District of Botswana that Kanjabanga, on or about 8 January 2004 and with intent to deceive, forged a document, namely a Southern District Council cheque, by indicating on the cheque that his law firm, Kanjabanga and Associates, was being paid P399, 500.90 when, in fact, his law firm was not supposed to receive any payment from the Southern District Council.
Kanjabanga is also alleged to have on or about 23 of January 2004 at or near Lobatse and with intent to defraud Barclays Bank Limited, obtained P399, 500.90 from the Lobatse branch of Barclays Bank Botswana Limited by falsely pretending that the law firm in which he is a partner had received a payment from the Southern District Council by cheque for the said amount.
On the money laundering charge, Kanjabanga and Kudzani Gaabopiwe are charged with having, on 24 of January 2004 in Gaborone District acting together in concert concealed P5,000 that was the proceeds of a serious crime and that they ought to have reasonably known that the said money was derived from some sort of unlawful activity.
Further to that, Kanjabanga and Gaabopiwe had on 3 February 2004 in Gaborone, again acting together, concealed P25, 000 that was proceeds of serious crime and that they ought to have known that the said money was derived from some sort of criminal activity.
The two are also alleged to, on the 19 of February 2004 in Gaborone, concealed P25, 000 that was proceeds of a serious crime and that they ought to have known that the money was derived from some unlawful activity.
The trial is scheduled to continue on 1 June.