After a full day of arguments between the Directorate of Public Prosecutions (DPP) and defence lawyers, Justice Stephen Gaongalelwe of the High Court said he will study the case and deliver a ruling on the bail application at a later date.
Matome was convicted on three counts and sentenced to an effective three years in jail. He made an urgent application to the High Court seeking bail pending appeal and his lawyers argued that there are prospects of success. They stated that there is a likelihood of their client serving a significant portion of the sentence before the appeal is finally heard. In the case, it was alleged that Matome and a person not before court made false presentation to a person employed in the Public Service. It is said that the two and others made false presentation to former president Festus Mogae that resulted in him (Mogae) supporting the allocation of Plot 55720 in Gaborone. Count two says Matome gave false information to a person employed in the public service in that they made presentations to cabinet ministers which caused them to support the allocation of Plot 55720.
In court yesterday, defence attorney Paul Farlam submitted that in his testimony, Mogae said that he does not recall whether Matome was present at a December 2000 presentation made at Debswana offices about a tourism development project through which the company wanted to assist government in economic diversification. He said that the former president only said that he assumed that Matome was present as he was the conduit between him and Nchindo. He argued that it was improper for the trial court to rely on assumptions and that it has failed to prove beyond reasonable doubt that Matome made the presentation to Mogae. He argued that the allocation of Plot 55720 in Gaborone was done in July 2000 hence the presentation had no influence on Mogae to have supported its allocation. He challenged the charge saying it should fall off.
