The postponement follows an application by the acting chief anti-corruption assistant officer, Reetsang Mathambo from the Directorate of Corruption and Economic Crime (DCEC) yesterday. “The court has misplaced a docket case which contains exhibits for this case,” submitted Mathambo. But Obeng interjected sharply saying: “I heard for the first time yesterday that the exhibits in this case were missing. The exhibits could be in the cabinets somewhere here. I do not know anything about this matter. If you need the exhibits, the former magistrate who presided over this matter would be in good stead to answer about the missing exhibits”. Copies of quotations, issued cheques, GPO’s and the whole docket containing the exhibits are reportedly missing in the case where Ayoob Khan of Timber Trading is alleged to have obtained by false pretences from the National Development Bank (NDB).
“I was informed your worship that the court is in possession of the said exhibits. I am here on behalf of the state counsel, Tholwana Phoko,” explained the DCEC man.
Defence attorney, Carlos Salbany, from Bayford and Associates, raised an objection about the conduct of the case. “The defence would like to raise an objection at the conduct of the state. Another magistrate had previously ruled that the state should not be allowed any further postponement and we would like to draw the attention of the court to this ruling,” he said. He asserted that the accused should not continue to suffer just because the state cannot produce the necessary exhibits for the case. “The accused continues to suffer considerable prejudice as a result of the unreasonable delay occasioned by the state”. He added that the matter has dragged on for about six years without progress. “Your worship, the defence insist that today the state should furnish us with information on the whereabouts of the exhibits in this case. The state prosecutor should explain without further delay,” he requested. He said the defence is not ready for any further mention and is seeking a trial date. The matter was postponed briefly to enable the prosecution to consult on the next course of action.
Obeng had earlier warned Mathambo that the matter will be dismissed for lack of prosecution if there is no meaningful progress again. It was apparent during proceedings that the DCEC man was kept in the dark (by the state counsel) about the aspect of the delay of the case and even the whereabouts of the exhibits. When the case resumed after recess, Mathambo told the court he has contacted the prosecutor and has been told that the court is aware of the missing exhibits. “She has asked me to humbly request this court to wait until tomorrow to clarify the issue of exhibits,” he said. Salbany demanded to know if the postponement of the matter would not occasion further delays. The magistrate allayed his fears by saying that appropriate action will be taken.
