Walia, Ngakaagae fracas in court
Mpho Mokwape | Monday July 17, 2023 06:00
This tendency can be irritating as aptly shown by Infotrac's attorney, Kgosietsile Ngakayagae who could not take it anymore when he blasted Justice Walia telling him: "I don't see the importance of being in court when you can't give me a chance to respond to your questions as you keep on interjecting and thereby denying me a chance to respond."
The visibly infuriated lawyer engaged in a heated courtroom exchange with the judge accusing him of supposed bias against him in the P110 million Debswana’s lawsuit. Ngakaagae was opposing an appeal by diamond giant, Debswana represented by John Carr-Hartley following a High Court judgment in 2022 that favoured the spy company.
Tension erupted in court when Justice Walia expressed inconsistency in the lawyer’s arguments and doubt about whether Ngakaagae was going to be able to successfully navigate the trap that he (Walia) believed had set for him. “I see a lot of inconsistency in your arguments and I cannot see how you would satisfactorily escape the challenge I had presented,” he said referring to a set of questions that he had asked the lawyer. Visibly upset by the judge’s remarks and a barrage of questions he was already facing from CoA Judge President Tebogo Tau, Ngakaagae chose to face Walia, crying about his apparent bias against him.
“I have no idea why I am present in court if my presence is not valued. I keep being disqualified from answering questions thrown at me and my responses are dismissed even before I speak. My Lord, I am going to have problems if you are going to ask me questions and then interject before I even answer, saying you don’t see how I will escape or navigate myself out.
What then is the point of me being here when I am not even allowed to answer questions posed by you?” asked Ngakaagae. Despite being accused of apparent bias, Justice Walia remained silent as Ngakaagae showed his displeasure in the manner the judge reportedly deviated from normal court practices. Ngakaagae continued by accusing Justice Walia of the unfair line of questioning where he was not even given a chance to answer instead he was being cut off. “Questions are thrown at me and before I get the opportunity to respond I get interjected, which seems unfair towards me,” Ngakaagae said. As the arguments heated up and upon recognising Ngakaagae’s frustration, Justice Tau had to intervene to calm the situation assuring Ngakaagae that he can now respond to questions posed to him.
“That has been noted Mr Ngakaagae, you may proceed. Please proceed and answer questions posed to you,” said Justice Tau as she calmed the situation. However, Ngakaagae made sure that he was heard as he continued ranting for a while before relenting upon Justice Tau’s assurance. As much as the atmosphere in the courtroom remained charged, Ngakaagae resumed his arguments against Debswana charging at its attorney for playing the reputation card. Justice Walia chose to tone down as in some cases he remained quiet.