Court throws out Daisy Loo request

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Broadhust regional magistrate Terrence Rannowane has ruled against an application by Lawyers representing Frank Molaletse and five others accused of colluding to defraud the Gaborone City Council to the high court. The five, including Daisy Loo Company are accused of attempting to defraud the city council of cash amounting to P24million.

In their submissions the defence team led by Duma Boko contended that the Chief Justice Julian Nganunu in his judgment last year on the Daisy Loo case, made some prejudicial findings on the part of the deponents and his co-accused, arguing that the accused were not likely to get a fair trial. It was also argued that the findings of the high court made in the civil case compromised the impartiality and independence of the magistrate court.

However when disputing the defence's argument, Rannowane was quick to point out that the major differences in both cases was the criminal standards and civil standards were different, adding that a civil case was proven on a balance of probabilities while a criminal matter needed to be proven beyond reasonable double "it is possible, accordingly for a person to be liable under civil proceedings to be found not guilty based on the same facts in criminal proceedings" reads part of the ruling.

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