Nchindo judgment set for October 11

BAME PIET
Staff Writer | Tuesday October 5, 2010 00:00

 

Led by Advocate Craig Webster, they questioned what they called 'deafening silence' by the company though it must have been in the position of complainant in the matter. In his final submissions last Wednesday, Webster said that the defence has failed to do its assignment and that at the least officials from Debswana should have been called to the dock to explain what tender procedures have been flouted when former Managing Director, the late Louis Nchindo, acquired plots 3084 and 55720.  He said that the company should have been among the witnesses arguing that their failure to appear shows that the tender procedures were complied with and that there was no conspiracy to defraud nor was there any rigging.  He said that all evidence shows that there was legal transfer of land from Debswana (PTY) Ltd to Golconda Holdings (PTY) Ltd, hence all accused persons should be discharged and acquitted on charges of conspiracy to prevent lawful disposal of property for its fair value. He said that the defence has a receipt of payment for transfer of property between Debswana and Golconda Holdings so the charge of cheating public revenue should fall away.  He said that there was never transfer of land from Debswana to Nchindo but only between Debswana and Golconda Holdings.   He added that the late Nchindo was Matome's supervisor and the latter was merely complying with his instructions in drafting some of the documents that were allegedly presented during the bidding process. 

He argued that the prosecution only produced a computer printout of those documents as an exhibit in a charge of conspiracy to prevent lawful disposal of property for its fair value.  He further said the state has failed to prove that he was the only person who had access to that computer and for how long that has been.  He cast doubt on the credibility of the printout that was presented before court as an exhibit saying it should be thrown out, likening it to hearsay. 'The prosecution's own case is a basis for acquittal,' he said. Webster said that Plot 3084 was fairly sold because the state alleges that its market value was P2,010,000 but it was purchased for an additional amount of P2,500 raising the price toP2,012,500.  'Debswana received fair value for the plot. The amount was in the range of the price,' he said.

He said that there is no evidence that suggests that the sale of the property was rigged. Webster did not spare the Forensic Auditors whom he said were of very little assistance to the prosecution despite huge amounts of money they were paid.  The defence attorney said that Count 8 that implicates Golconda Holdings should fall away, just like Count 6, because the company ceased to exist when Louis Nchindo died early this year. He said the charges against the company should have been set aside until new directors have been appointed to take charge of issues related to the company.

Webster hit hard at the prosecution for attacking the evidence led by Justice David Newman saying it was unjustified and unnecessary because he is experienced in the registration of deeds. Once again he called on the court to acquit the accused persons on all charges on grounds that the state has failed to prove beyond reasonable doubt that they have committed any offence. He said that even the chronology of events shows that the prosecution was in haste to press charges against the accused persons before establishing what the charges would be nor having gathered any evidence.

He said that the accused persons were arraigned before court in January 2008 only for the earliest witness statements to be secured after four months while others came after six and 10 months later.  He said even President Ian Khama and former Minister of Minerals and Energy, Boometswe Mokgothu, could not help the prosecution because of the manner in which the case was handled. 

'This is unusual. Normally you obtain affidavits, statements and then prosecution assesses them to establish whether there is a case before you can take accused person to court,' he said. 'It was a hugely unusual procedure; hugely embarrassing situation,' he added.

He called on the court to acquit accused persons on all charges. But Matlhogolo Phuthego of the DPP insisted that the allocation of the plots was made under the impression that TDC was a Debswana project. He said that there was a conspiracy to defraud the state of the said property adding that Golconda Holdings should answer for the charges. He appealed to the court to convict the accused persons and make special order that the property should be returned to the state. Judgement will be passed on October 11.