The new affidavit filed this morning by the former Permanent Secretary to the President (PSP) through his lawyer Obonye Jonas, laid his ground as to why he believes Garekwe is biased towards his case. Morupisi believes Garekwe wants nothing less than to see him back in prison.
Morupisi also says he wants to see a finality to his matter but in a fair and just manner.
“It has become unmistakably clear that the judge was heavily embedded in the case and could not even hide her desire to see me locked up in jail,” Morupisi argues.
He alleges an incident in which the judge ‘coached’ state lawyer Tshiamo Rantao on how the state should approach the case.
“I am told attorney Mr Rantao cringed and looked unamused and uncomfortable by the suggestion of the judge which had all the trappings of coaching a litigant or pleader by a judge. The learned judge had clearly inexorably descended into the arena,” Morupisi further states.
According to Morupisi, the state proceeded to abandon pleadings for a stay of execution.
“This shows that the judge is biased, or at the very least evinces an apprehension of bias on the part of the presiding judge against me. The kernel of my complaint is that Justice Garekwe is partisan and prejudicial against me,” Morupisi further states in the documents.
Other points raised by Morupisi are that Garekwe previously participated and presided over associated matters to the case.
Meanwhile, Garekwe is expected to deliver her ruling on an expedited appeal brought by the state tomorrow at 2:30pm. Morupisi, who spent nearly a month in Gaborone’s maximum-security prison, is currently out on release.
He was freed after the High Court set aside the Court of Appeal’s decision, which had sentenced him to seven years in prison.
