�Fake� lawyer wants State to up its game
Goitsemodimo Kaelo | Thursday October 19, 2017 16:50
Moyo stated that he has spent far too long behind bars while the prosecution has frequently been absent from court proceedings, thus slowing down his case.
Moyo faces 14 counts of obtaining by false pretences and one of unlawfully remaining in Botswana beyond 90 days between October 31, 2012 and June 21, 2017. He said to have been staying in Gaborone for a period of 1,695 days (four years and 233 days).
The alleged offences took place in Gaborone between November 2014 and June 2017.
When Moyo appeared yesterday before Village magistrate, Goodwill Makofi, he took offence when State prosecutor, Nokuthula Nsubuga sought the extension of his remand warrant. Nsubuga told the court that she was appearing on behalf of her colleague, Keletso Nfosi, who was not well.
“The substantive prosecutor is not well. I am not sure when she will get better, but she may be available in the next mention date. May the remand warrant of the accused be extended,” said Nsubuga.
She told the court that she was not given any instructions relating to updating the court on the accused’s bail application at the High Court and presentation of facts.
It was at that point that the accused retorted that the State seemed not to take his liberty seriously as the substantive prosecutor only comes to court when she knows that he is moving a bail application, just to oppose it.
“I have concern with the constant absence of my substantive prosecutor. She gives to a colleague who has no input or way forward to his matter. I have been suffering due to this incarceration. Prosecution only comes when they see it fit.
“I was ready to proceed with reading of facts today. I hereby request that the issue of bail be considered due to the constant absence of the prosecutor. There is a change of circumstances as I pleaded guilty to another count and did not waste court’s time,” Moyo said.
However, magistrate Makofi said while the accused’s concerns were genuine, the court could only deal with them in the presence of the substantive prosecutor.
It is alleged that the accused operated an unlicensed business and rendered legal services and had no proper qualifications to practise as legal advisor.
It is said that people who had sought legal services from the accused had cases at district level, magistrate court, the High Court and Court of Appeal and the Industrial Court. The accused pleaded not guilty to all the charges but one, of unlawfully staying in Botswana.
He was ordered to return to court on October 26, 2017.