Nchindogate: the tussle over Nicky Oppenheimer

TSHIRELETSO MOTLOGELWA
Staff Writer | Wednesday August 18, 2010 00:00

 

Yesterday, the defence, which has previously argued that Oppenheimer is not interested in helping the prosecution, appealed to Gaborone Regional Magistrate, Lot Moroka, that the diamond magnate and friend of the late Debswana MD, Louis Nchindo, be declared fair game for the defence if the prosecution fails to get him to turn up as their witness today.

Oppenheimer is expected to appear before court some time this week as a state witness. More specifically, he is scheduled for cross-examination today, that is if senior prosecutors, Matlhogonolo Phuthego and Kgosietsile Ngakaagae, can persuade him.

However, the DPP have not been successful in formally getting Oppenheimer to confirm his position on the matter. They told court in a previous session that subsequent to misplacing a statement he had delivered a few years ago, they have not been able to get him to make another one.

At that time the defence argued that Oppenheimer was on their side, arguing at some stage that they even had a statement from him.

Last year, Nchindo's lawyer, Advocate Peter Hodes, arguing in support of an application before the High Court to overturn magistrate Lot Moroka's earlier judgement on the case, said the state had failed to procure a witness statement from the former diamond mining company's boss, and so the defence was ready to get him as their witness.

He said it was obvious from the events that Oppenheimer was not willing to help the DPP in its prosecution of his clients. He argued that it was questionable whether Oppenheimer could thus be referred to as a state witness inaccessible to the defence.

The last time the prosecution mentioned Oppenheimer was last year when they indicated they were in the process of procuring his witness statement. This has not happened.

The prosecution, which has until Friday to conclude presenting its witnesses before the defence, has only two days to convince Oppenheimer to come to court.

Senior prosecutors, Phuthego and Ngakaagae, will report whether they got Oppenheimer today.