Accused discharged acquitted
05 Apr 2016
Molepolole magistrate, Mr Bhekimpilo Sibanada has acquitted former Barclays Bank Molepolole employee, Portia Rakorong in a case in which she faced 58 counts of theft.
Delivering judgement, Mr Sibanda said there was no concrete evidence against the accused that she has defrauded the bank. Rakorong is said to have fraudulently obtained over P400 000 from Barclays Bank Botswana between 2009 and 2010.
Following a disciplinary hearing, Rakorong was given a dismissal letter in November 2010 for negligence and mishandling of the bank money amounting to over P13 000.
However, she denied stealing the other mentioned P400 000.
Magistrate Sibanda said the state did not produce the audit report of the lost money and reports from financial experts hence failing to follow section 247 of the criminal act.
He also said the computer generated invoices were not certified which did not prove that they were true copies.
Meanwhile, Mr Sibanda said in the documents presented as final submissions, among them was the accused’s confession statement in which she admits to having taken some money from the bank.
He said the accused, however, denied knowing anything about the P410 000. “That leaves one to wonder how much the accused really stole, whether the P410 000 or the P13 000,” said Mr Sibanda.
He said the state did not in way reconcile the money which was allegedly stolen.
He also said the confession statement does not solve the puzzle, save to say that she inappropriated some funds, but not stating how much. Mr Sibanda said out of the 58 counts, the state failed to point out the exact amount which the accused was allegedly said to have stolen.
In conclusion, he said the case was badly prosecuted, and failed to prove the accused guilty. He therefore acquitted her. Ends
Source : BOPA
Author : Thandie Keitumetse
Location : Molepolole
Event : Court
Date : 05 Apr 2016





