Connect with us

Hi, what are you looking for?

News

Ngakaagae demands DIS, Abi in the dock

NOT AMUSED: Ngakaagae

A defense lawyer in the famous National Petroleum Fund (NPF) corruption trial, Kgosietsile Ngakaagae this week demanded to cross examine state witnesses among them former Permanent Secretary Kgomotso Abi and officers of the Directorate of Intelligence and Security Services (DIS).

Ngakaagae was responding to a civil application brought by the Directorate of Public Prosecutions (DPP) for forfeiture of assets of interested parties in the NPF matter in relation to a contract between DIS, Ministry of Energy, and Basis Points – a company in which Bakang Seretse is a director. Approximately P60 million was paid to Basis Points, which contract and payment the DPP says were fraudulent.

However, Ngakaagae accused the DPP of trying to intimidate the court by bringing a voluminous file of affidavits posited by Abi and his officials at the Ministry of Energy, as well as DIS officers.

He appealed to Justice Omphemetse Motumise not to rely on the affidavits for his ruling saying that there is need for cross -examination of the witnesses.

“There is a dispute of facts here, there is a stalemate, and the best solution is for the witnesses to come to the dock, to be cross examined to defend their affidavits. Another option is for the court to dismiss this matter since the applicant has failed to prove that the respondents have committed any crime as prescribed by the Proceeds and Instruments of Crime Act to warrant forfeiture of assets,” he said.

Advertisement. Scroll to continue reading.

Ngakaagae raised suspicion that the government officers were in deep trouble hence the DPP was trying to cover up their inefficiencies with regard to the contract in dispute.

He said that PICA states that forfeiture can only be executed when it has been proven that a person has committed Money Laundering, Corruption, Cheating Public Revenue, or serious crimes related activities to acquire assets under scrutiny. None of the above have been proven against any of the respondents, he stated.

He emphasized that the burden lies with the DPP to prove that the assets were proceeds of a crime and not for the Respondents to prove their innocence.

Earlier on, the DPP’s Ernest Mosate said the parties in the NPF criminal matter fraudulently entered into a contract with DIS and Ministry of Energy for consultancy services and procurement of oil stock for Botswana Oil Company.

He said that the P60 million was used to purchase property and luxury vehicles some of which were registered under relatives and friends of the interested parties.

According to information exchanged in court, Basis Points had a contract with the ministry, but between March and August 2016 it entered into a new contract with DIS for consultancy services and procurement of oil stock.

Advertisement. Scroll to continue reading.

There were meetings held and correspondence exchanged between the three parties authorizing the transactions that led to the disbursement of the P60 million in dispute.

However, in their affidavits, the DIS and ministry officials have disowned the correspondence and the signatures therein, as well as the DIS letterhead, whilst minutes of the said meetings bear nobody’s signature.

Ngakaagae dug his heels in saying this gesture is the main reason why the witnesses should be called for oral testimony and be subjected to cross-examination.

He stated that the DPP should not try to blame third parties for government’s failure to comply with its’ processes and systems.

Unoda Mack represents two Respondents, among them a Mercedes Benz B291 BEX that was purchased by one Janet Mooketsi at the tune of P650, 000 with the assistance of Sadique Kebonang.

He wondered whether the DPP implied that the vehicle was implicated in some criminal activities since they have failed to prove that Mooketsi acquired the money through unscrupulous means prescribed in the PICA.

Advertisement. Scroll to continue reading.

The matter was postponed to November when Mack would wrap up his arguments and DPP replying.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Advertisement
Advertisement
Advertisement

You May Also Like

Business

Choppies directors score major victory against PwC in multimillion Pula suit

News

Ten Moeding College students charged for the murder of a fellow student were this morning (Friday) granted bail by a Lobatse Magistrates court. 18-year-old...

News

The Ministry of Health and Wellness wishes to inform members of the public that it is currently investigating certain mutations of the SARS COV-2...

News

The last witness in the BDF Namibian killings inquest took the stand in Kasane this morning. Moments after witness number 35 gave his testimony,...

News

WATCH: Former President talks to The Voice in a virtual interview about his visit to South Africa, his differences with President Masisi and the...

News

WATCH: A Broadhurst Magistrates court yesterday further remanded in custody, four men linked to the G4S Security P2 million heist which occurred at Turn...

Advertisement

Copyright © TheVoiceBW. (Since1993) made with ❤️ in Botswana.