10 Apr 2014

An attorney representing one of the two accused in the cybercrime case says his client will change a plea of not guilty to that of guilty during the next mention at the Village Magistrate Court on April 23.

Mr Friday Leburu told Chief Magistrate Linah Oahile-Mokibe that Joseph Ballout will change his plea when the substantive prosecutor Ms Kentse Molome will be present in the next mention as she was not around due to ill-health.

Attorney Leburu also told the court that he wanted the matter to be expedited more so that his client was still in custody. Ballout was recently extradited from South Africa where he had fled to through an ungazetted point of entry.

The stand-in prosecutor, Mr Kopo Chebana, said Ballout would have to be remanded until the end of the trial because he violated his bail conditions, thus showing that he was a character that could not be trusted.

Ballout’s passport is with the Botswana authorities. Ballout, who is a citizen of Liberia, and had been residing in Botswana on businesses purposes, is charged alongside Kgosana Seth Tladi of Welkom, South Africa for unlawful possession of computer system devices in violation of the Cyber Crime and Computer Related Crime Act.

The state says July 6, 2013 in Gaborone, the two accused men were found in possession of an electronic cashing and paying card scheming device, designed and adapted for the purpose of manufacturing fraudulent electronic cashing and paying cards.

Tladi is also charged for unlawful importation of computer system devices contrary to the Cyber Crime and Computer Related Crime Act.

The prosecution says between June 17 and July 12 last year, Tladi imported, without lawful excuse and justification, computer system devices comprising a scheming device, laptop, a printer (writer) and 14 electronic cashing and paying cards designed for the purpose of manufacturing fraudulent electronic cashing and paying cards.

Represented by attorney Gabriel Ganjabanga, Tladi pleaded guilty to the offence and when then 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.

In the meantime, Tladi will be excused from attending the next mention but will appear on May 7 after Mr Leburu who temporarily held fort for Mr Ganjabanga successfully argued that it was costing Tladi to come to Botswana after every two weeks.Tladi, who is on bail and lives in South Africa, never failed to appear for court mentions. The court has set June 30 to July 7 for continuation of trial.

The prosecution is expected to call some witnesses from South Africa and the subpoena is to go through diplomatic channels, the court heard.

Ballout and Tladi were initially charged alongside Thabo Tsholedi of Taung, South Africa and Thabo Molefe of Mogoditshane but the last two men were set free last year.In a different matter, Chief Magistrate Oahile-Mokibe has urged the prosecution to speed up committal papers for the murder accused, Taku Gandari, after he complained that it was taking a long time for him to be committed to the high court for trial for the murder of his wife.

The court had earlier been informed that corrections were being made on his committal papers despite the fact that the court had, on numerous occasion, informed that the director of DPP was due to append his signature on the papers.

Gandari, who is accused of killing his wife at Maipei ward in Mmopane early last year, will appear for mention at the Village Magistrate Court on April 23. ENDS