Fake Lawyer Denied Bail
Pini Bothoko | Monday October 16, 2017 16:32
Moyo’s urgent application was dismissed by the Lobatse High Court Judge, Jennifer Dube after state prosecutors argued that if the applicant is granted bail, the immigration laws of the land would take effect and he would be deported immediately.
Prosecution further stated that if he were deported, they would have difficulty in ensuring that he appears before court for trial. They stated that the applicant has proved to be an elusive person, who could simply escape the reach of authorities by using various traveling documents like he has done in the present case. Prosecution said that their investigations revealed that the applicant has two passports bearing his names being passport number BN133560 bearing his names as Limukani Moyo and his occupation is reflected as ‘Airman’. The said passport was valid from the August 11, 2005 to August 10, 2015.
The other passport, with registration number BN687059, also under his names and citing his occupation as ‘paralegal’. The said passport is valid from October 21, 2008 to October 20, 2018. Moyo argued that while the State has a duty to prosecute all offences preferred against any person in Botswana, the principle of law that a person must be presumed innocent until proven guilty by a court of law automatically protects the fundamental right to liberty and dignity of every accused person charged with a criminal conduct.
He said that to be charged with a criminal offence does not at all afford powers to the respondent to detain him in a prison before trial, arguing that the charges are yet to be proven.
He pleaded with the court to treat him as an innocent man who is yet to be tried.
Moyo said courts have over the years applied the principle not only to criminal trials, but also to pre-trial processes, for which bail is undeniably a most crucial process and stage of pre-trial procedure for any accused person like him.
He said for the State to keep him in custody while awaiting trial will surely and sadly contravene the doctrine and fundamental right to be presumed innocent and should be held acceptable and equal to a severe prison term which will never be undone even after due acquittal. Moyo allegedly defrauded 165 people claiming to be a lawyer between November 2014 and June 2017. However, the prosecution has only brought 15 counts against him. He also unlawfully remained in Botswana for over five years after the expiry of his visitor’s permit in 2012.
In count one to 14, Moyo is said to have defrauded different people of money amounting to over P62,000 in different incidents by claiming to be a dully registered lawyer and admitted as such in Botswana through his Para Legal Services and Consultancy Company when he knew that he was not authorised to carry out such a business, as he does not have the requisite qualifications. Moyo pleaded not guilty to all the charges safe for one of unlawfully staying in Botswana.