31 Mar 2014

The Village Magistrate Court has set June 30 to July  7 as dates for the continuation of the trial of two men accused of cybercrime related offences.

The two appeared jointly lrecently after one of them was successfully extradited from South Africa. State prosecutor from the Directorate of Public Prosecutions (DPP), Ms Kentse Molome told the court that the state had managed to extradite Joseph Ballout despite the struggle and huge costs they incurred in the process.

Ms Molome said since Ballout had violated his bail condition, he should be remanded in custody until the matter was brought to finality. She said the accused did not deserve bail as he had decided to violate its conditions by crossing to South Africa through an ungazetted point of entry, even when his passport was with the authorities. 

Ballout, who is a citizen of Liberia, and has been residing in Botswana on businesses grounds, is charged alongside Kgosana Tladi of Welkom, South Africa, for unlawful possession of computer system devices contrary to the laws of Botswana.

It is alleged that both the accused on 6 July 2013 in Gaborone, acting together and for a common purpose, intentionally without lawful excuse or justification, were found in possession of a computer system device with an electronic cashing and paying card scheming device, designed and adapted for the purpose of manufacturing fraudulent electronic cashing and paying cards.

On count two, Tladi is charged for unlawful importation of computer system devices contrary to Section 10 (1) of the Cyber Crime and Computer Related Crime Act of the Laws of Botswana.

Particulars of the case are that between 17 June and 12 July 2013, Tladi intentionally without lawful excuse and justification imported into Botswana computer system devices comprising of a scheming device, a laptop, a printer and 14 electronic cashing and paying cards designed for the purpose of manufacturing fraudulent electronic cashing and paying cards.

Tladi, who is represented by Gaborone attorney, Gabriel Ganjabanga has pleaded guilty to the offence. When the case resumes, a computer technical expert will only have to explain what he obtained from the exhibits which he inspected after they were seized from the accused.

With regard to Ballout, who has pleaded not guilty, the prosecution will take more time, and the matter will go on until July 07. He is yet to instruct attorney Mr Thabo Monama, who is representing him in a different matter of altering a false document. 

The prosecution is expected to call some witnesses from South Africa and the subpoena is to go through diplomatic channels, the court heard. Tladi on the other hand, who is currently on bail and resides in his South Africa, has been religiously attending all court mentions.

The accused were initially charged alongside two other men, Thabo Tsholedi of Taung, South Africa, and Thabo Molefe of Mogoditshane, but the two were set free late last year. They will appear for mention on 8 April. Ends