Sources close to the case in which the late former Managing Director of Debswana, Louis Nchindo, and four others are facing corruption charges have disclosed that the Directorate of Public Prosecution will tomorrow (Monday) withdraw some of the 36 charges against the accused persons.
The source declined to say how many
charges are likely to be withdrawn saying the matter has not yet been finalized.
According to the sources, charges likely to be withdrawn are those which affected Nchindo directly, like those which center on the misuse or embezzlement, which make up a majority of the charges against him and the other accused persons.
Charges which are likely to remain, the sources say, are those pertaining to allegations that he had used his company Golconda Holdings to fraudulently obtain land in Gaborone North. This, the sources say, is so because the company is still operating.
The marathon criminal case has been running since 2007 and in all that time only the preliminaries of the case were dealt with . They included issues such as whether Peter Collins and Newman law firm qualifies to represent the accused persons. The state had wanted the law firm to recuse itself from the case on grounds that the law firm had acted for Debswana at some stage.
Southern Region Magistrate Lot Moroka overruled the state on the issue. The accused persons, on their part, made an application that they should be furnished with further particulars of the case. Moroka ruled that most of the charges were clear and that not all particulars needed to be given to the accused persons as the state had submitted. The accused persons applied to the High Court where current Chief Justice Maruping Dibotelo concurred with Moroka.
Still not satisfied they appealed the judgment to the Court of Appeal where their appeal for further particulars was upheld.
The case is scheduled to start on 6 April.
The other accused persons in it are Garvas Nchindo, Joseph Malope Matome , Jacob Sesenyi and Galconda Holdings.
Advocate Peter Hodes is representing the accused whilst Matlhogonolo Phuthego and Kgosi Ngakayagae are representing the state.