DIS triumphs against 'Butterfly'
Mpho Mokwape | Tuesday August 9, 2022 06:00
The Court of Appeal (CoA) gave the DIS a second chance on Friday after the agency appealed Maswabi’s acquittal and discharge from all the charges by the High Court in August 2021.
The CoA set aside the orders that were issued by trial court judge, Zein Kebonang that acquitted her of all charges last year and even set aside the orders that referred those involved in her prosecution for investigations.
Judge president, Tebogo Tau when delivering judgement in favour of the prosecution that “it was incompetent for the High Court to acquit Maswabi on all charges levelled against her”.
Tau explained that it was incompetent because the Directorate of Public Prosecutions (DPP) attorney admitted that the order discharging the respondent on the charges of possession of the unexplained property and false declaration was properly issued and that it was a proper move given the provision of the Criminal Procedure and Evidence Act.
“The order by the trial court to discharge the respondent on the two accounts was therefore properly made. As the respondent had already been discharged on the charge of financing terrorism, it was improper for the court a quo to revisit that charge. The court erred in that regard,” she explained.
On the issue of referrals of the director of the DPP, the investigator and prosecuting counsel to the supervisor and/or higher authorities to carry out further investigations, disciplinary proceedings, and administer sanctions where appropriate, the judge said Maswabi’s attorney agreed that it was improper for the court to issue such order without allowing the parties to address it where such issue was raised.
“The court, therefore, erred in raising such issue and issuing such order without allowing the parties to address it,” she said.
The DIS had wanted the bench to review the decision that was taken by Justice Kebonang last year in August to acquit and discharge ‘Butterfly’ on all charges.
The legal battle that started as far back as October 17, 2019, and was regarded by many as involving alleged treasonous attempts across borders and some powerful individuals within the country, abruptly came to a short end in August 2021.
This was after Justice Kebonang dropped all charges amongst Maswabi, one being money laundering against the former spy agency officer on account that the prosecution lacked evidence to support the allegations.
The case was decided by a full bench comprising Chief Justice Justice Terrence Rannowane, CoA Judge president Tau, Justices Isaac Lesetedi, Singh Walia, and Tshepo Motswagole.