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Jiajin seeks acquittal in Infamous ecoplexus scam case

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Jiajin was last year extradited to Botswana from Tanzania for allegedly swindling Batswana of millions in cash through the infamous Ecoplexus scam. He was then slapped with 994 counts of obtaining by false pretence.

Appearing before Regional Magistrate yesterday, Jiajin's defence counsel Mishingo Jeremia mounted a spirited application for dismissal of the charges, contending that it would be unjust for the accused to remain tied to a case whose future remains uncertain.

This follows the State’s disclosure that it had arrested two additional suspects linked to the matter and was unable to set trial dates until the pair had been brought before court. “We have arrested two more suspects and we can’t proceed to set trial dates because he cannot be prosecuted alone,” the prosecution submitted.

But the defence sharply opposed the request for further postponement, arguing that the prosecution’s position effectively subjects the accused to indefinite waiting. “The court is being asked to wait for a process whose end is uncertain. That certainly cannot be justice,” defence counsel argued.

The defence further pointed out that the State had the option to withdraw the matter with liberty to reinstate it later, instead of keeping the accused before court without progress. “Why should he be held at ransom by the two suspects who are not before the courts?” counsel asked. In a strong appeal, the defence said Jiajin had already suffered significant personal and financial consequences since his arrest, despite not having been convicted.

“It appears the accused is being punished as if he is already serving a sentence,” the lawyer said. The court heard that Jiajin's businesses had shut down and his livelihood severely affected as a result of the ongoing criminal proceedings and his incarceration.

“He lost all his ability to earn a living and all his businesses were closed due to this case and incarceration. As an international business person he is stuck here in Botswana,” the defence submitted.Counsel also argued that the prolonged proceedings had left the accused with mounting legal expenses before trial had even begun.

“The conduct of the State has made him incur a huge legal bill before the trial even begins,” the defence said. Pushing for finality, the defence urged the court to dismiss the charges outright.“If there is no prosecution, let us allow him to go home. We are asking the court to dismiss the charges and acquit him,” counsel said.

However, the State maintained that the court has wide powers to postpone proceedings and insisted the matter should remain active while extradition processes for the newly arrested suspects are underway. “We are practically saying we are on a process of extradition of the other accused persons,” the prosecution said.

The State also dismissed claims that Jiajin's bail conditions had crippled his business interests, arguing that he remains free to travel internationally subject to engagement with authorities.“Even his bail conditions clearly state that he is afforded the chance for international travel if he needs it when liaised with us,” the prosecution argued. In response, presiding Regional Magistrate Mareledi Dipate said he would need time to consider the competing arguments before delivering his ruling.

The matter was adjourned to August 27, when the court is expected to decide whether Jiajin will stand trial or walk free.