Matome back in jail

ISAIAH MOREWAGAE
Staff Writer | Wednesday November 30, 2011 00:00

 

While Matome will be adorning prison attire, his co-convict, Louis Garvas Nchindo will be smiling all the way to his new home, Plot 3084 Gaborone, after the High Court judge Steven Gaongalelwe overturned the forfeiture order by then Magistrate Lot Moroka.

Gaongalelwe ruled against the conviction on the charge that Matome and another not before court conspired to prevent the free and lawful disposition of Plot 3084 Gaborone by Debswana Diamond Mining Company for its fair value.

He said the state failed to prove their case beyond reasonable doubt and as such it was not safe for the conviction to stand. He said there is an element of conspiracy. 'From all the manipulations Matome carried out were effected singularly. There is no evidence of an agreement,' Gaongalelwe said. He added that on evidence, even if Matome might have done some rigging to the tenders, such would not prove an offence in terms of Section 393 (c) of the Penal Code.

Gaongalelwe stressed that it appears that the trial court considered all relevant factors in assessing the sentence.

He said in aggravation the court found quite properly that Matome engaged in an elaborate plan to defraud both Debswana and Botswana government. 'He was crippling the very company which controls diamonds as they are the biggest contributor of revenue to this country,' Gaongalelwe said.

He added that to aggravate matters, his (Matome) was not an isolated incident but a well-orchestrated scheme, which was persisted upon over a long period by himself with the late Louis Goodwill Nchindo.

Matome is to serve two years in jail, while Tourism Development Consortium Company is ordered to pay P20,000 as directed by Moroka.

After the judgement, Matome's legal representatives, Lawrence Khupe and Joao Salbany said they intend to apply for bail pending appeal for Matome and leave to appeal to the Court of Appeal on urgent basis. Khupe's efforts to convince the court to hear their matters on urgency hit a snag after the State attorneys told court that they would not be available on Friday.

State Counsel Gopolang Tlhabologang argued that senior counsel handling the matter would not be available until next week. Khupe's vows were further compounded by the fact that Gaongalelwe will not be available to hear the matter next week, as he will be out of the country.

At the end, both parties resolved that the matter would come for arguments on December 15th. It was tears and agony for the Matome family as Matome was ferried in a government vehicle to start his two-year jail term.

The family members were inconsolable as the judge pronounced that Matome would be sent to jail.