The State suffered another legal setback in a space of a week when it lost another case of money laundering.
On Monday, accused persons in a case in which Botswana Public Officers Pension Fund (BPOPF) was allegedly swindled of almost P500 million were acquitted and discharged.
Tim Marsland and Rapula Okaile were freed from charges relating to money laundering and obtaining by false pretences by the Gaborone High Court.
When delivering judgment, Justice Boipuso Tshweneyagae ordered that the decision to charge the applicants with money laundering and obtaining by false pretences be set aside.
“The decision of the 1st Respondent [Director of Public Prosecutions (DPP) to charge the Applicants with various charges of money laundering and obtaining by false pretences is hereby reviewed and set aside; consequently, the Applicants are discharged and acquitted of all charges,” said Tshweneyagae.
She also ordered that the warrants of arrest issued against Marsland dated 12/06/19, 11/07/19 and 12/07/19 and any or all other such warrants issued at the instance of the DPP are hereby set aside and cancelled.
Tshweneyagae said on the record, it is clear that the funds invested in the BOP were lawfully injected by the Limited Partner. There is no evidence in the record that the funds invested by the LP were derived or realized, directly or indirectly from the commission of an offence or a serious crime related activity. Equally there is no evidence that the funds injected and invested by the GP had been obtained by false pretence.
“I am persuaded by the Applicants submissions. I have gone through the entire record. There is no single evidence pointing to money laundering activities between the General Partner (GP) and the Limited Partner (LP) either directly or through their Directors,” said Tshweneyagae.
The judge said it is clear that the DPP and the Attorney General (AG) misunderstood the the duo’s (Marsland and Okaile) application. This is because the Applicants have not brought a review application before this court challenging the Warrants of Arrest but rather that the charges against them be reviewed and set aside and that in the event of a successful outcome their warrants of arrest be discharged. The Warrants of Arrest are dated 12/06/19, 11/07/19 and 12/07/19 and any or all other such warrants issued at the instance of the 1st Respondent.
According to court records, the Marsland and Okaile’s argument is that, the DPP acted unreasonably, irrationally and maliciously in charging them with offences of money laundering on the face of the En Commande Partneship Agreement. They argued that, they have never received any proceeds of crime or misrepresented and/or induced BPOPF, the limited partner in the agreement to inject money in BOP.
The judge agreed with their submissions that they have neither engaged in money laundering activities or obtained any money by false pretence.
They allege that, the charges arise out of the misunderstanding by the both the DPP and AG of the Private Equity Investment (PEI) entered between their company, CMB (Pty) Ltd and BPOPF.
Marshland and Okaile prayed that the decision of the DPP to maintain, prosecute and charge them with various charges of obtaining by false pretences and money laundering be reviewed and side aside as null and void.
Marshland and Okaile were represented by attorney Gabriel Kanjabanga while the State was represented by Priscilla Israel.
