Three acquitted in CMS case

BAME PIET
Staff Writer | Monday November 15, 2010 00:00

 

Their P5,000 cash bail, and other amounts obtained from each of them during their arrest were returned to them.

The court also ordered that the BMW sedan belonging to Mfana, that was brought before court as an exhibit, be returned to him. The 14 men were jointly charged with four counts of obtaining by false pretences the total amount of P21 million on different occasions.

Magistrate Moroka said the accomplice witness testified that he never met Johnson though he was informed that he was the person who signed on the documents that were used to obtain the money. He said that he alone could not be relied on to establish a prima facie case against the accused person. He said that the same accomplice witness claims that he gave money to Mosarwa and Mfana and one of the two was impersonating a DCEC officer.

Moroka said that the money was disbursed among the men, as a measure by Seloka to seek their protection, an assignment, which they did not perform. He said that the evidence suggests that when the money was disbursed to the two men, the crime of obtaining by false pretences had already been committed hence they did not take part in it. He added that the two men did not obtain any money from CMS. 'They obtained the money from Seloka for a purpose they never undertook,' Moroka said. He said Seloka's evidence about Johnson's role in the crime was also contradictory and only based on hearsay and cannot be relied upon to sustain any charge against him or the two other accused men.

Earlier on the magistrate brushed aside an argument by one of the defence lawyers, Duma Boko that the courts in Botswana had no jurisdiction over the matter because the money was deposited in South African banks.

Moroka said that the fact is that the crime was committed in Botswana and for the money to have been deposited in South Africa does not bar the local courts from trying the accused persons.

The 11 accused - accomplice witness, a graphic designer; Jabulani Johnson (33), unemployed; Norman Maja (48), a driver at CMS; Aaron Babolele (29), a Senior Administration Officer at CMS; Lebogang Kaisara (31), a storekeeper at CMS; David Tumagole (37), self-employed; Patrick Cole (36), a director of a company based in South Africa called USASA; Clement Molefe (35), a site manager at USASA; Otsile Mosarwe (29), unemployed; and Jenamo Mfana (35), a director of a refrigeration company and Abram Marumo - collectively face four counts of obtaining by false pretence contrary to section 308 as read with section 307 of the penal code. Those who remained accused are expected to defend themselves when the case resumes on November 16, for mention when trial dates will be set.