13 Feb 2020

Prosecutor Tracy Monyeki of the Directorate of Public Prosecution says investigations in the Banc ABC fraud case have been completed.

Consequently, Chief Magistrate Linah Mokibe-Oahile of Broadhurst Magistarte Court advised the prosecution to prepare a summary of the statements so that it would be easier to know what might transpire.

She also asked the complainant and the defendants to come prepared on the next mention so that the case could be dealt with.

Appearing for Trevor Boiteto, Mr Unoda Mack told the court that he had a problem with the way the amended charge sheet had been split.

He requested that the charge sheet be amended by the next status hearing.

The accused persons Trevor Boiteto, Omphemetse Kedikilwe, Waltord Holdings, Mooketsi Kedikilwe and Boldmark Engineering are being accused of fraudulently obtaining money from Banc ABC.

The accused faced nine counts of fraud involving Cyber fraud and money laundering.

Boiteto is facing charges of transferring the money to his co-accused, who are facing charges for willingly and knowingly receiving the money.

The first accused person, who was the alleged kingpin of the fraud Boiteto, employed by Banc ABC as the bank’s market dealer, with an intent to procure an advantage for the fourth and fifth accused, Mooketsi and Boldmark Engineering fraudulently transferred US$ 200 000 from Banc ABC’s Citi account number 36243207 to them.

This was contrary to section 47 (1)(b) as read with  Section  47(3) of the Proceeds and Instruments of Crime Act (cap 08:03) Laws of Botswana which states that a person that receives, is in possession of, conceals, disguises, transfers, converts, disposes of, removes from or brings into Botswana any property which, in whole or in part directly or indirectly represents, the proceeds of any crime, where he or she knows, suspects or has reasonable grounds for knowing or suspecting that the property is derived or realized, in whole or in part, directly or indirectly from any confiscation offence or foreign serious crime related activity, shall be guilty of the offence of money laundering.

A person convicted of an offence under this section shall be liable to a fine or imprisonment for a term not exceeding 20 years, or both.

The cyber fraud was done contrary to Section 15(2)(a) of the Cyber Act(Cap 08:06) Laws of Botswana which states that any input, alteration, deletion, delaying transmission or suppression of data; commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding seven years, or to both.

Boiteto is facing charges of transferring the money to his co-accused, whereas they are facing charges for willingly and knowingly receiving the money.

The matter has been adjourned till March 17 when the accused persons will be taking their plea: an act of agreeing whether one is guilty or not. ENDs