Nchindo's charges could fall away in a cascade

ISAIAH MOREWAGAE
Staff Writer | Tuesday March 2, 2010 00:00

 

Yesterday, 16 of the 36 graft charges were scrapped off as they implicated Nchindo in his personal capacity. The graft case was coming for the first time before Regional Magistrate (South) Lot Moroka since Nchindo's death recently.

Attorney Parks Tafa, appearing for Garvas and Matome, told the court that since the state had withdrawn another six charges against Sesinyi, they should withdraw them against Nchindo as there is no posthumous trial in Botswana.

Nchindo's lead counsel, Tafa produced the death certificate of Nchindo and made an application for charges against him to be withdrawn. Tafa also made an application that charges against Nchindo's company, Galconda Holdings, should also fall away because Nchindo was the sole director of the company and took a plea on its behalf.

Galconda Holdings is implicated in three of the 35 charges. However, the state holds a different view and wants to have substitute accused persons answer to the charges.

Further to that the withdrawal of charges against Sesinyi means that six more charges automatically fall away.

Sesinyi was alleged to have connived with Nchindo in counts 10 to 16 that the state preferred against them.

The state has been given until March 15 to re-formulate the charges. Tafa also urged the prosecution team to look in to revising the list of witnesses that it will call. Tafa submitted that since some charges have been dropped, it automatically means that some of the witnesses may no longer be necessary.

He also told the court that the defence will need 'a bit of time' to consult with its Cape Town-based advocates.

However, prosecution counsel Kgosietsile Ngakaagae was not in a hurry to say whether some of their witnesses might be rendered redundant because of Sesinyi's acquittal and Nchindo's death. Ngakaagae said they would look at the issue and take the necessary position.

The prosecution also told the court that they have complied with the Court of Appeal's order to provide the defence with further particularities and attachments relating to most of the charges.