'Butterfly' investigator goes AWOL

Maswabi PIC. THALEFANG CHARLES
Maswabi PIC. THALEFANG CHARLES

The lead investigator in the infamous spy agent Wellheminah Maswabi case, Jako Hubona has gone absent without leave (AWOL).

The discredited junior investigator is said to have deposed an affidavit without authority from his Directorate on Corruption and Economic Crime (DCEC) bosses.

As if the disapperaing act was not enough, the State finally filed a notice of non-opposition to Maswabi’s bail application late Thursday. This means “Butterfly’ might walk out free today.

Mmegi is informed that instead of Hubona reporting to work at DCEC, he reports daily to director general of the Directorate of Intelligence and Security (DIS), Peter Magosi.


“The entire DCEC top management was shocked to the core that Hubona has deposed an affidavit in the Welheminah Maswabi matter before court. He did not have authority from DCEC director general, Joseph Mathambo to depose that affidavit,” a source said.

Another source disclosed that Magosi has assembled a mini team that he is working with. These are officers from DIS, DCEC, DPP, Financial Intelligence Agency and Botswana Unified Revenue Service.

“Their bosses don’t know what is happening as they are kept in the dark. They only learn about investigations in the media like the rest of the public when arrests are made,” the source added. Another source claimed that Hubona is not only in trouble with his employer for being absent without leave, but also for misleading a court of law in another matter.

Recently, Regional Magistrate Masilo Mathaka chastised Hubona for “embellishing” evidence in a case involving attorney Friday Leburu. Leburu was acquitted and discharged after he was accused of removing evidence contrary to Section 119 as read with 33 of the penal Code.

Mathaka said the credibility of Hubona in the matter was suspect in that his witness, Neo Oageng accused him of adding some content in her extra curial statement, which she never told him. According to him, it appeared that Hubona in an endeavour to make his case watertight embellished evidence.

“The revelations by his witness, Oageng lead to such conclusion. She first denied being told about the vehicle being subject of investigations. She then revealed that the IO [Investigating Officer] added some content in her curial statement, which she never told him. I must say, with due respect, that the Investigating Officer, fared poorly as a witness,” he said.

Mathaka observed that the investigator had the propensity to alter evidence, which is a serious dent on his credibility. He also said the way the vehicle was handled made it difficult to even presume that the accused knew that it was marked for investigations.

The deep throat said disciplinary hearing is awaiting Hubona at the DCEC regarding the Leburu judgement that has dented the credibility of the DCEC as an institution.

“We all felt humiliated after the Leburu judgement was delivered. It is the credibility of the DCEC that suffered in the process.”

DCEC spokesperson, Phakamile Kraai was not able to respond to questions sent to them on Tuesday.

“Morning Sir, we’ve had three other media houses and also in SA [South Africa] from last week, asking us similar questions relating to Mr Hubona, hence a media release will be sent out today,” he said yesterday morning.

In the afternoon he claimed that he was waiting for his boss Mathambo to arrive from the Office of the President to approve the response. At the time of going to press, no response was forthcoming. Meanwhile,  this week, the State was at sixes and sevens as it missed a crucial deadline  in relation to Maswabi’s urgent bail application.

Mmegi has established that the Directorate of Public Prosecutions (DPP) has failed to comply with Justice Michael Mothobi’s order directing the State to file its answering affidavit opposing Maswabi’s bail application.

The court had on Monday ordered that the affidavit be filed by close of business on Tuesday. The State did not do so. The applicant’s attorneys were to file their reply on Wednesday and heads of argument yesterday.

Defence attorneys have confirmed the turn of events.  The latest development on this matter did not come as a surprise to those close to the case. “What will the State say when the whole case is based on fabrication of evidence?” a legal eagle wondered.

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