Defence goes on the rampage in Medical Stores case

ISAIAH MOREWAGAE
Staff Writer | Wednesday October 20, 2010 00:00

 

The team, led by Duma Boko, found some loopholes in the testimony of Daniel Thebe who investigated the multi million-pula scandal in 2008.

Boko argued that Thebe failed to do a thorough job, in that he failed to engage a handwriting expert to rule out people who purportedly signed the documents presented as part of the evidence.

Boko put it to Thebe that at CMS their system is such that no individual employee can access more than one module with the same password.

He added that once an individual has logged into the system, the name of that particular individual appears on the screen of the computer that is being used. 'None of the accused persons names appeared there,' Boko said.

After Thebe conceded it was so, Boko then went for the jugular and asked whether the investigating officer satisfied himself that indeed it was not the officers whom he did not charge.

'There was one person by the name of Dolly Mokgware, who was in charge of processing payment for foreign companies. Payments for the companies in the present matter were purportedly signed by her. Did you do any investigation that ruled her out?' Boko asked.

Thebe said that he checked the presence of the officers concerned during the commissioning of the crime hence ruled out the possibility of their involvement as they were on leave.

Boko was concerned that there were a lot of officers who were involved with the processing of payments at CMS but how they were ruled out on the current proceedings is questionable.

'It seems, Mr. Thebe, you relied on hearsay and never made your own investigations apart from what they say,' Boko said.

Another defence attorney, Thabiso Tafila, questioned why his client, Bee Mfana, was jointly charged with others because he played no role in the crime. Tafila was of the view that Thebe relied on the evidence of an accomplice witness rather than doing thorough investigations.

Tafila outlined four instances where someone can be jointly charged with others in a criminal offence.  Tafila told the court that Mfana played no part in the crime. He told the court that Mfana allegedly pretended to be a Directorate on Corruption and Economic Crime employee and agreed to protect an accomplice witness from being arrested by DCEC officers.

Tafila, said despite the fact that he agreed to protect the said accomplice witness, Mfana never delivered on his mission. He wondered why Mfana was being prosecuted despite the fact that there was no evidence linking him to the alleged crime. Tafila said the only crime that Mfana might have done is that of  impersonation, which Thebe never did.

Meanwhile, the state counsel tried to repair the damage that was already done to explain how he did his investigations.

Thebe redeemed himself by explaining some of the aspects of his testimony that were exposed by the defence team. The fraud case in which CMS lost around P21 million involves Jabulani Johnson, Norman Maja, Aaron Babolele, Lebogang Kaisara, David Tumagole, Patrick Cole, Clement Molefe, Otsile Mosarwe, Abraham Marumo, Nthibo and Mfana.

All the accused persons are out on bail except Tumagole. 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 has been adjourned until November 10, 11 and 12 when Moroka will make a ruling on whether the accused have a case to answer.