06 Jun 2018

Parties in the P250 million National Petroleum Fund (NPF) case are holding their breath in anticipation that a ruling on variation of bail conditions will materialise this time around.

The expected development follows a botched bail ruling last month owing to the late filing of one of the defence counsels. 

This left Gaborone South Regional Magistrate, Mr Chris Gabanagae incapacitated to deliver the ruling because he received some additional papers late the previous day filed by attorney Sikhumbu Masuku, who represents the third accused.

In March, Magistrate Gabanagae told the parties involved in the case that his diary was full, and that he would also be engaged the whole of April with official trips around his jurisdiction with former Chief Justice, Mr Maruping Dibotelo.

He therefore said he would only be available in late May for bail ruling. The defence attorneys had prayed that the ruling be scheduled to a nearer date.

He noted that though he had listened to both 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. 

This time around both parties and the public are optimistic that something positive would come out on Friday.

In the meantime, preliminary findings have revealed that some top officials in government are also involved, a development which has caused one of the defence attorneys, Mr Kgosietsile Ngakaagae to challenge the decision of the Directorate on Public Prosecutions (DPP) over its choice to charge suspects selectively.

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 to South Africa where they have business interests, their hopes were dashed by the 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.

Attorney Ngakaagae told the court in the March 28, 2018 sitting that the investigator had failed to take the court into confidence and state factual reasons why bail could not be relaxed, but instead chose to state that he has some fears, a condition which the court cannot rely on when making a determination.

He accused the prosecution of holding his clients at ransom while other people who could be charged for the same offence were moving about as they please with diplomatic passports. Why is it that the investigators are very much reluctant to charge them? he wondered.

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 said in the next court sitting, they would be prepared to take a plea and proceed with setting of trial dates, and also urged the DCEC to return vehicles which they unlawfully seized to their owners with immediate effect.  

For his part, attorney Masuku for Leburu said it was mischievous for the prosecution to state that it does not link her to any property or money in South Africa, the UK and Italy though it was reluctant to relax her bail conditions. 

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

Attorney Masuku said bail was not a legislative instrument designed to punish an accused person, but rather 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’s argument and 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. They report every fortnight at Gaborone West Police Station and have also surrendered their passports to the investigating officer. 

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