Guma may appeal as DCEC wins first round
Sharon Mathala | Thursday August 6, 2015 13:44
Guma’s lawyers, Moses Kadye and Dick Bayford requested the court to allow them to file more affidavits in response to answering affidavits made by the Directorate on Corruption and Economic Crime (DCEC).
“There are new matters that have since arisen from the replying affidavits, and these need to be dealt with. In the founding affidavits the only issue that was raised by the DCEC was that they are investigating possible bribery and or giving assistance in regards to awarding of a contract.
“Now the replying affidavits have included more allegations, they have indicated possible bribery and corruption, and also that Guma uttered a false document, money laundering, and all of these are not in the founding affidavit and as such they need to be dealt with,” submitted Kadye.
Bayford, who came into Guma’s corner at the last hour, said, “most of the issues are not canvassed in the founding affidavits.
They should have confounded themselves to those affidavits, hence the justice of this matter would require that Guma be given the position to consider his options”.
Bayford submitted that after Oahile-Mokibe dismissed their application to file for more affidavits basing her decision on the fact that the matter was still under investigation, they have the option to appeal the magistrate’s decision with the High Court.
They would also seek to strike out some of the issues implied in the DCEC’s declarations.
“We just want to ensure a fair hearing,” said Bayford. For his part, the Directorate of Public Prosecutions (DPP) attorney Mpho Letsoalo said there were possible new charges made against the Tati East legislator and the Minister of Youth Sports and Culture (MYSP) Thapelo Olopeng.
“The lawyers have chosen to omit that in the founding affidavit the two offences cited, living beyond means was also included as one of the offence,” said Letsoalo.
Letsoalo also put it to the court that, “it is Guma who started the fire, as to who it will burn is besides the issue. We are only clearing issues that he raised. These are issues that the Investigating officer saw could be possible cases that could be investigated, and they are arising from Guma’s affidavit”.
Parks Tafa, the lawyer for the third respondent, the Standard Chartered successfully recused the bank from the matter temporarily. Tafa told the court that they have abided by the court’s decision to freeze the account but were regrettably dragged into the matter by Guma’s allegations.
“Guma made us come here when we should not, we have given our side of the story, we confirmed that the instruction we got did not come from the office of the president, and that is as far as we will go for now,” Tafa said.
Guma’s lawyer will be in court on September 9 to brief the court on whether they would appeal the Magistrate’s decision.
Late last month, the DPP filed a miscellaneous application to freeze the accounts of Olopeng and IRB Transport.
According to the papers filed, IRB Transport is cited as first respondent, with Olopeng and Standard Chartered Bank Botswana as the second and third respectively. No charges have been laid yet.