BCP plough on with bogus petition case
Chakalisa Dube | Thursday June 29, 2017 18:00
The widely disputed petition, which was sponsored by some Botswana Democratic Party (BDP) activists, led to the postponement of the Francistown West by-election 2014.
Last month, BCP President Dumelang Saleshando met the Commissioner of Police Keabetswe Makgophe who said that the police would not be able to prosecute those implicated in the petition.
The investigation into the case lasted for over three years.
The police also furnished Saleshando with a letter detailing why they would not be able to prosecute those implicated in the petition. Saleshando said that the party would consult its attorneys and map the way forward.
Yesterday, the BCP’s attorney, Morgan Moseki said there was enough evidence to prosecute those involved in the bogus petition.
“Having looked at the police letter, I believe there is enough evidence to prosecute those implicated in the petition. I am still studying the letter and I will advise the party accordingly,” he said.
Moseki said that the police stance that they do not have enough evidence to pin any of those implicated in the petition, does not hold water.
“Some of them have openly owned up to the petition by giving radio interviews, but the police are saying that there is no one they can pin the petition on,” he said.
Moseki has in the past indicated that the party would consider private prosecution should the state decide not to take those behind the petition to court.
In the letter to the BCP the police said “the absence of identifiable accused persons and intention for all possible offences has left us with no option but to close the matter due to insufficient evidence”.
“Please note that investigations have been concluded. The offences of forgery contrary to Section 344 of the penal code and uttering false document contrary to Section 348 of the penal code that you have suggested could not be sustained by evidence at hand,” read parts of the letter.
Police also said that an offence of giving false information to a person employed in the public service could also not be sustained based on the evidence they have gathered.
Furthermore the police indicated that they considered the provisions of the law under Section 350 of the penal code, which deals with procuring documents by false pretences and found no evidence that could lead to the prosecution of those who allegedly masterminded the bogus petition.
In the two-paged letter, the police said that offences of obtaining by false pretence and impersonation could not be sustained by evidence at hand as well.
The BCP also accused the police of trying to kill the case because it implicated members of the ruling party.
The police on the other hand maintain a contrary stance.