One CMS fraud suspect confessed, says magistrate

ISAIAH MOREWAGAE
Staff Writer | Wednesday June 9, 2010 00:00

 

Somolekae was giving evidence before Regional Magistrate Lot Moroka yesterday where she told the court that on June 3, 2008, Nthibo was brought before her in Mochudi and said that he wanted to confess his involvement in the multi-million-fraud case.

Somolekae told the court that as a judicial officer she followed the normal procedure of recording a confession statement. She told the court that she ushered Nthibo into her office and  thereafter went outside to ensure that none of the officers accompanying Nthibo was spying on them.

Somolekae said she advised Nthibo that he was not obliged to make a confession if that was not his wish. 'I asked him whether he had been pressurised, threatened or promised something in return for his confession, but the answer was in the negative,' Somolekae said.

Somolekae further told the court that Nthibo thereafter elected to use Setswana when recording his statement.Somolekae then told the court that she recorded the statement and read the contents to him so as to confirm the contents, which Nthibo confirmed in the affirmative.

Somolekae told the court that among the things that she recorded from Nthibo's confession was that during the commission of the crime, he was paid R75,000 from the first R7 million that was deposited from CMS into Senamo Holdings accounts.

Somolekae further told the court that in the confession statement, Nthibo stated that he was given R21, 000 from the R4 million that was deposited into Mogoaduba's account in South Africa.

Somolekae further told the court that in the third account that they deposited about R7 million Nthibo did not get anything.

However, Nthibo disputed that he gave the confession freely. He told the court that he had been tortured before he was taken to court on June 2, 2008.

He told the court that the following day when he made the confession, he was under pressure because the police had tortured him on the way to Mochudi Magistrates Court.

In this case CMS lost about P21 million and the accused are as follows; Johnson, Norman Maja, Aaron Babolele, Lebogang Kaisara, David Tumagole, Patrick Cole, Clement Molefe, Otsile Mosarwe, Abraham Marumo, Nthibo and Bee Jenamo Mfana. Except for Johnson and Tumagole the other accused persons are out on bail. 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. The case continues.