Matome's bail Drama

GIDEON NKALA
Staff Writer | Friday November 5, 2010 00:00

 

Yesterday, the High Court in Lobatse could not hear the application and the matter was postponed until a complete case record is made available. Prior to yesterday's postponement, there was a flurry of dramatics in court on the matter. When the case was registered, it was initially scheduled for hearing before Judge Key Dingake. In fact, until yesterday, the case was to be heard by Dingake.

Upon learning that the case was going before Justice Dingake, the prosecution objected and asked him to recuse himself.

They cited the civil matter in which Dingake and Debswana's, Blackie Marole, are both represented by Collins Newman in a matter against Donald Gaetsaloe. The prosecution argued that Dingake could not preside over the matter because he, like Matome, is a client of Collins Newman.

They argued that the lawyers at Collins Newman enjoy the privilege of private and confidential consultation with the judge who is to preside over the matter.

'The principle that justice must not only be done, but must manifestly be seen to be done, cannot be served if the honourable Dingake presides over this matter, or any aspect of it.

'Such an event is likely to erode public confidence in the learned Judge, and by extension, the Administration of Justice's impartiality in the matter,' the DPP said.

The public was however denied the chance to listen to the exchange because, apparently, Judge Dingake decided to recuse himself from the case.

According to the letter of Deputy Registrar and Master of the High Court Jacob Manzunzu, 'the honourable judge recused himself from the case even before he received your letter,' he said in response to the DPP missive. With Judge Dingake out of the case, the responsibility fell on Judge Stephen Gaongalelwe.

But there was a little problem with him too,this time from the appelants corner. Collins Newman lawyers had a little problem with the replacement.

'With respect, we strongly object to the re-assignment of the matter to Justice Gaongalelwe on the grounds of his previous association with this matter, in which he found, without valid basis in our considered view, that our Parks Tafa, the senior partner of this firm, was effectively guilty of bad faith, and conduct meriting strong disapproval in the context of the same overall matter'.

When Matome, his lawyers and the prosecution came before Gaongalelwe yesterday, there was the expectation of a hail of fire in court.

The lawyers asked to see the judge in chambers, leaving the gallery guessing. When they came out, everyone could see an anti-climax mood in the air. The lawyers announced that court would have to reconvene when Magistrate Lot Moroka's office had furnished  the High Court with a complete record.  When is that? 'It could be tomorrow or next week,' the lawyers hazard a guess, but they were not sure.

One thing though, is certain: Judge Gaongalelwe will hear the case. It appears that the unsettled issues were thrashed out in chambers.