Led by Advocate Craig Webster, they questioned what they called "deafening silence" by the company though it must have been in the position of complainant in the matter. In his final submissions last Wednesday, Webster said that the defence has failed to do its assignment and that at the least officials from Debswana should have been called to the dock to explain what tender procedures have been flouted when former Managing Director, the late Louis Nchindo, acquired plots 3084 and 55720. He said that the company should have been among the witnesses arguing that their failure to appear shows that the tender procedures were complied with and that there was no conspiracy to defraud nor was there any rigging. He said that all evidence shows that there was legal transfer of land from Debswana (PTY) Ltd to Golconda Holdings (PTY) Ltd, hence all accused persons should be discharged and acquitted on charges of conspiracy to prevent lawful disposal of property for its fair value. He said that the defence has a receipt of payment for transfer of property between Debswana and Golconda Holdings so the charge of cheating public revenue should fall away. He said that there was never transfer of land from Debswana to Nchindo but only between Debswana and Golconda Holdings. He added that the late Nchindo was Matome's supervisor and the latter was merely complying with his instructions in drafting some of the documents that were allegedly presented during the bidding process.
He argued that the prosecution only produced a computer printout of those documents as an exhibit in a charge of conspiracy to prevent lawful disposal of property for its fair value. He further said the state has failed to prove that he was the only person who had access to that computer and for how long that has been. He cast doubt on the credibility of the printout that was presented before court as an exhibit saying it should be thrown out, likening it to hearsay. "The prosecution's own case is a basis for acquittal," he said. Webster said that Plot 3084 was fairly sold because the state alleges that its market value was P2,010,000 but it was purchased for an additional amount of P2,500 raising the price toP2,012,500. "Debswana received fair value for the plot. The amount was in the range of the price," he said.
