Defence challenges courts' jurisdiction in CMS case

Duma Boko said yesterday the court had no powers to try suspects whose criminal activities started in Botswana and ended in a foreign land. He said the CMS case raises the issue of territorial criminal jurisdiction because documentary evidence such as bank statements of two suspects Patrick Cole and Clement Molefhe were taken from South African banks. Boko stated that even though the alleged crime commenced in Botswana, the law states that the country upon which the completion of the alleged crime ends is where the case can be brought against the alleged culprits.

"The completion of the alleged crime is in South Africa. Thus the offence was committed outside the jurisdiction of the magistrate. We are dealing with a jurisdiction problem," Boko submitted.