27 Apr 2014

An attorney representing one of the two accused persons in the cyber crime case has told the Village Magistrate Court that the state should not rely on the Interpol cybercrime experts as they have no jurisdiction over them.

Submitting during a mention for Joseph Ballout on April 24, Mr Friday Leburu warned the prosecution over its reliance on Interpol though the court’s power of influence was only confined within the borders of Botswana while Interpol was a jurisdiction in another state.

Mr Leburu said the state wrote a letter of invitation to Interpol on April 22, 2014 while the trial had been set for June 30, noting that those experts had their own priorities and there was no guarantee that they would honour the set trial dates.

As a result, he said, the matter may drag for two years to the detriment of the accused who was in custody. He therefore said the prosecution should not entirely rely on Interpol, which was besieged by many assignments to undertake and was also an authority on its own right.

Mr Leburu had earlier wanted the investigating officer to take witness stand so that he could be cross-examined on how long would the expert information relating to the equipment involved in the case be made available to Botswana from South Africa. He also wanted to know when the experts themselves would be in Botswana.

He also said the complexion of the case had since changed because the accused pleaded guilty to the charge, which technically now invites the state to prepare summary on evidence which should be agreed by both parties before conviction, in any, could be made.

The prosecutor, Ms Kentse Molome, of the Directorate of Public Prosecution ((DPP) said earlier that she had already started efforts to subpoena computer forensic experts from South Africa by sending them a mail and proposed dates of trial.

She therefore said the court could not change such dates because the experts would have to work around such dates.

Ms Molome had also explained that normally Interpol officers were eager and willing to assist.

Therefore, she did not think they would turn down the request.

However, Ms Molome requested time to prepare summary of facts, which she said she will eventually need the input of the defence before they could be filed with the court.

Ballout, a Liberian who lives in Botswana for business, is charged alongside Kgosana Tladi of Welkom, South Africa for unlawful possession of computer system devices.

The prosecution says the two were found in possession of an electronic cashing and paying card scheming device designed and adapted to manufacture fraudulent electronic cashing and paying cards. ENDS