The two co-accused are demanding the docket from the Directorate of Public Prosecutions (DPP) and Attorney General (AG). They have filed a review application against the DPP challenging their criminal charges related to the alleged possession of illegal firearms. Their argument is that the prosecution unit has failed to produce the record they used to come up with the charges therefore their replying papers should be struck out for non compliance. In a new filed interlocutory application, the pair wants the DPP papers set aside especially an answering affidavit as they had failed to deliver the record to the Registrar on time therefore compromising their review application case.
“The DPP and AG were not entitled to deliver their answering affidavit prior to their compliance and prior to the Registrar having complied with court rules and prior to the expiry of the stipulated time,” the co-accused said. According to an affidavit deposed by Khama, the respondents ought to have delivered their answering affidavit to their review application within 21 court days and they failed to do so. Khama also said as such they were not able to have copies of record as may be necessary for purposes of their review application to be made and furnished to the Registrar. "By reason of the respondents’ non compliance, we have been unable to exercise our rights. If we had that record within time by notice and accompanying affidavit to amend, add to or vary the terms of our original Notice of Motion and also to supplement our supporting papers,” he said.
