FRANCISTOWN: Justice Zibani Makhwade has ruled against a British man who had appealed his conviction of failing to comply with a child maintenance court order. Makhwade said the magistrate who convicted David Adamson was correct in his assertions that he could have supported his child from the proceeds of some of his assets that he had sold. In his judgment, Makhwade said that he has come to the conclusion that the appeal should not succeed because according to the evidence on record the magistrate was right to say that he should have paid the child maintenance from money obtained from sale of the assets.
The judge also said that the excuse that he (Adamson) could not run his business was not good enough. "The excuse that your ex-wife obstructed you from running your business is not good enough because child maintenance has nothing to do with all these issues," Makhwade said, asserting that a court order should be obeyed at all times. Makhwade advised Adamson that he should have applied for variation of the court order timeously.
Adamson appeared before court to listen to judgment yesterday and could not conceal his disappointment when the judge announced that he was dismissing the appeal against conviction. Immediately after the judgment Adamson mentioned his intention to take the matter further. "I will appeal this matter and even seek assistance with the International Court of Human Rights because this is corruption," he fumed as he angrily stormed out of court. Previously, during his appeal to the High Court, Adamson told the court of how people working with his ex-wife conspired against him to get him convicted on a charge of failing to comply with a court order even though he had explained his poor financial state at that time. Adamson told the court that his conviction was unfair, as he was not given the chance to explain his predicament of having challenges in his finances and that even when he did, they were not taken into consideration.
Adamson basically called the whole case and trial a conspiracy. He told the judge that he had explained at the magistrates court in Maun that he could not pay his child's maintenance because he did not have his company so that he could work.
"I would not be here if my ex-wife had given me my company back because even one magistrate told her to return my company so that I could make money," he said. Adamson further told the court that his ex-wife had plotted against him and also conspired with police officers and judicial officers to expedite his case and make his life uncomfortable.
"I told the court that I take care of my daughter. I pick her up from school and on school holidays I stay with her but as for paying monthly child maintenance, I was unable because I did not have anything," he said. The appellant said when he first came to Botswana he was financially stable and had several assets but at the finalisation of his divorce he had to sell his house and most of his belongings. "At the moment I do not have anything. I don't have a cent to my name. I had to sell an oak table and some other household items to make it to court today," he said. He said his ex-wife Janet Adamson had made his life a living hell during their divorce.
"At one point she falsely accused me of attempted murder and then wrote a letter to the Department of Immigration denouncing me a criminal. I was even arrested and fined," he said. Adamson's divorce was granted in 2008 when the High Court ordered him to pay P300 per month for their daughter's maintenance. He however didn't pay any amount as he claimed to be broke. He told the court that he managed to source some money after his relatives in the United Kingdom sent him funds but he has since failed to update his payment.