Mphathi ‘P1.4 million swindlers’ denied bail
Lebogang Mosikare | Tuesday October 31, 2023 06:00
The men, two locals, Hendry Lowe, 41, Marlon Lowe, 22, and Junior Moyo, 21, from Zimbabwe, are accused of falsely obtaining P1.4 million from Mphathi on 12 occasions between June 2020 and March 2023.
When delivering ruling on an application that was made by the State when the accused were arraigned in court on October 23 for the accused to be remanded in custody pending finalisation of investigations, Mooketsi said the State prefaced its application on the basis that investigations were still at their infancy. Mooketsi said the Investigating Officer (IO) in the matter had told the court that the accused were only arrested last week and there is still another suspect who is yet to be arrested.
The magistrate added that the IO told the court that they fear that the accused may interfere with potential witnesses in the case if they are granted bail. She said the prosecution was averse to the court granting the accused bail at this stage because doing so may enable the accused to dispose of monies that are still in their bank accounts.
Mooketsi added that the IO also told the court that from their investigations, they have so far discovered that some properties in Gaborone were bought by the accused using the money they allegedly obtained by false pretences from Mphathi. “Some properties that were bought by the accused using the money they allegedly swindled Mphathi of were registered in the names of third parties. The IO also said the accused may tamper with those witnesses if they are granted bail...
The defence counsel Kagiso Jani on the other hand said that the accused should be presumed to be innocent until proven guilty because it is their constitutional right...
This is a complex matter that will need the police to have more time to investigate because some monies and properties are said to be registered in the hands of third parties. When granting bail, one of the factors that has to be considered is whether the accused may interfere with witnesses if they are granted bail,” said Mooketsi...
The prosecution, Mooketsi noted, is still following the money trail of the monies that are in the bank accounts of the accused and that are in the hands of third parties.
This therefore, Mooketsi added, means that the prosecution will need more time to investigate the matter further. “The application by the State for the further remand of the accused in custody succeeds pending further investigations. Any aggrieved party may appeal this ruling 14 days from today. The accused shall appear in court on November 14 for status hearing,” Mooketsi concluded.
According to court documents, the accused allegedly misrepresented that the funds from Mphathi would be invested in forex trading. Court documents further show that part of the money was designated for commission payments, delayed payments, agent fees, brokers’ fees, and transfer fees linked to Mphathi’s forex investments. The prosecution holds the view that the accused did so with the full knowledge that their representation was untrue.