Tempers flare in Seretse's case

BAME PIET
Staff Writer | Wednesday February 23, 2011 00:00

 

The case was scheduled to resume on Monday but was postponed to yesterday after Regional Magistrate Barnabas Nymadzabo indicated that he was not ready to proceed with the matter. Seretse is in the dock for failing to declare his interest in a company that won tenders to do business with departments under his ministerial portfolio.

The proceedings started with state counsel Mpho Letsoalo applying to revisit some of the past rulings of the magistrate in the case.

He said that last November, there was an issue of who the procuring entity was between Botswana Police Service and cabinet. He said the ruling was not clear and the magistrate should make it clear.

On another matter, Letsoalo said the defence had cross-examined a witness on the basis of another witness' statement to which they objected.

Again, he said the magistrate did not make a clear ruling on their objection though the cross-examination has serious implications and potential to prejudice their case.

He requested the court to furnish the prosecution with a written ruling on the two issues so that they can plan how to approach the case.  He called for an adjournment to allow the parties to go and research on the admissibility of hearsay evidence in criminal proceedings. However, Parks Tafa for Seretse was not comfortable with the application accusing the prosecution of employing delaying tactics to slow the case down.

He said that the law is very clear as to what should happen if one litigant is not happy with a ruling. He said the recourse is to raise the matter during final submissions or in appeal to the High Court.

He said the application was frivolous. He asserted that it is a fallacy for the prosecution to call for an adjournment, to engage in an academic exercise that each practicing attorney should be aware of.

He said the prosecution is disingenuous and acting in bad faith in the request for an adjournment. 

In response Letsoalo accused Tafa of possessing a 'bitter tongue' and of being a 'mockery and a fallacy'.He said that after failing to secure the court's favour in tendering the statement as an exhibit, the defence used dirty tricks during cross-examination to bring the evidence in contention.

Tafa argued that the prosecution is trying to 'handcuff' them in refusing them the opportunity to ask relevant questions.

He said that the main issue in the case is to establish whether or not the offence of corruption was committed contrary to Section 31 of the DCEC Act, as alleged in the charge sheet.

Apparently the former minister, who is now a great boost to the backbench in Parliament, enjoyed the exchange in court as he smiled most of the time.

The MP is currently voluble in Parliament where he is taking the frontbench to task. He can be ranked among the top five performing MPs. After an hour-long adjournment in the case, Nyamdzabo ruled that there was nothing improper about the conduct of the proceedings since they commenced last year.

The prosecution was allowed access to the court records. The case continues this morning.