03 Apr 2018

Gaborone Regional Magistrate South, Mr Chris Gabanagae is expected to deliver a ruling on the request for the relaxation of bail conditions for the three accused persons in the P250 million National Petroleum Fund (NPF) saga on May 22.

Magistrate Gabanagae told the parties involved in this marathon case that his diary was full and would be engaged the whole of April as he would be undertaking official trips around his jurisdiction with the chief justice and therefore would only be available late May.

He noted that though he had attentively listened to both the parties and appreciated their submissions for and against the relaxing of bail conditions, there was no how he could speedily deliver the ruling, owing to his busy schedule.

Defence attorney, Mr Kgosietsile Ngakaagae challenged the decision by the prosecuting authority, Directorate of Public Prosecutions (DPP) over its choice to charge suspects “selectively” arguing that some top government officials should have been charged along side the accussed persons.

In the last sitting where Bakang Seretse, his company Khulaco Ltd, Botho Leburu and Kenneth Kerekang came with the hope that they will be given an opportunity to temporarily get their passports to cross the border especially to South Africa where they have business interests, their hope was dashed by lead investigator from the Directorate on Corruption and Economic Crime (DCEC) Mr Andria German who said it was too early to submit to their request.

In the meantime attorney Ngakaagae told the court last Wednesday that the investigator had failed to take the court into confidence and state comprehensive factual reasons why bail could not be relaxed but instead chose to state that he had some fears, a condition which the court could not rely on when making a proper determination.

He accused the prosecution of holding his clients at ransom while other people who could be charged for the same offense “are  moving about as they please with diplomatic passports.

Why is it that the investigators are very much reluctant to charge them,” he said.

Attorney Ngakaagae further noted that while he was alive to the fact that plea could be reserved it was unnecessarily taking too long, a development which he said was abuse of power meant to make his clients suffer.

He therefore said in the next court sitting, they would be prepared to take plea and proceed with setting trial dates.

He also urged the DCEC to return vehicles which “they unlawfully seized to their owners with immediate effect.”  

For his part, attorney Sikhumbu Masuku for Leburu noted that it was “very mischievous” for the prosecution to state that it did not link his client to any property or money in South Africa, the UK and Italy though it was reluctant to relax her bail condition.

He noted that insinuations made by the investigation that she may aid dissipation or removing of asserts outside the country were baseless as they were not supported by any factual reasons.

Attorney Masuku said bail was not a legislative instrument designed to punish an accused person but to ensure that an accused would attend to all court sessions as and when required and as such urged the court to dismiss the prosecution argument and thus grant them their wish.

According to the particulars of the offence, the accused persons Seretse, Khulaco (Pty) Ltd, herein represented by Seretse, Leburu and Kerekang are said to have on a date unknown to the prosecution but between September 5, 2017 and November 27, 2017 in Gaborone acting jointly and with common purpose received, possessed, disguised and disposed P250 million knowing or suspecting or having reasonable grounds to know or suspect that the money was derived or realised in whole or in part, directly or indirectly from the commission of a confiscation offense, to wit, theft.

Seretse is managing director of Khulaco (Pty) Ltd while Leburu is director of Khulaco.

On the other hand Kerekang is executive director of BERA.

The accused are on a cash bail of P30 000 each with each producing two sureties binding themselves with P10 000 each, now report every fortnight at Gaborone West Police Station and have also surrendered their passports to the investigating officer.

The prosecution is made of Messrs Wesson Manchwe, Tyron Mokgathong and Pascal Mandu from the Directorate of Public Prosecutions. ENDS