Warrant of arrest for hostile CMC witness

ISAIAH MOREWAGAE
Staff Writer | Tuesday June 15, 2010 00:00

Regional Magistrate (South) Lot Moroka issued the warrant of arrest for Smarts after the State complained that the witness was not cooperating and refusing to come and give evidence in court.

Moroka has ordered that Smarts be remanded in custody until she appears in court on July 21 when she will be expected to testify.

The regional magistrate observed that the laws of Botswana clearly stipulate that no competent and comparable witness or his or her lawyer should refuse to give evidence when summoned to do so by the court.

State prosecutor Priscilla Israel told the court that Smarts was making their lives difficult as she was playing hard to get. 'When we call on her mobile she answers then pretends it is a voice mail by changing her voice tone and telling us that Mosa is not available. She is making it impossible for the police to serve her with court papers,' Israel submitted.

Smarts is wanted in relation to one Golf 4 sedan that is being used as an exhibit in the ongoing central CMS case. 

Smarts allegedly sold the car to one Kebonyemodisa Teemame that was however later confiscated by investigating officers in the CMS case. Smarts is suspected of having dealings with one of the suspects, Abram Marumo.  Moroka had earlier ordered that the case proceed even though Marumo's lawyer, Duma Boko was not present in court. Moroka said the case was postponed during the previous session due to Boko's unavailability, but 'this time we will proceed with or without him'.

Israel has also told the court that the State is left with only four witnesses including Smarts to wrap up their case.The case will continue on July 21 and August 20. The fraud case, in which CMS lost about P21 million has several suspects, namely; Johnson, Norman Maja, Aaron Babolele, Lebogang Kaisara, David Tumagole, Patrick Cole, Clement Molefe, Otsile Mosarwe, Abraham Marumo, Nthibo and Bee Jenamo Mfana.

All the accused persons are out on bail, except Johnson and Tumagole.  Tumagole has been convicted of two separate crimes by the High Court.

He is serving five years for armed robbery and nine years for murder with extenuating circumstances.Thabo Lekwae, who is suspected to be the mastermind in the case, handed himself to the police last week and is remanded in custody pending his bail application. The state has opted to separate Lekwae's case and the other 11 suspects as their case is about to be completed.  Lekwae is due to appear before Village Chief Magistrate Barnabas Nyamadzabo.