Morupisi files new withdrawal of appeal application
26 Jun 2024
Former permanent secretary to the president (PSP), Mr Carter Morupisi has filed a new application with the Court of Appeal to withdraw his appeal against conviction on corruption and money laundering charges.
The application was filed before a panel comprising Judge President, Justice Tebogo Tau and Justices Basetsana Nkabinde and Sighn Walia on Tuesday.
The decision to file for leave to withdraw followed a recent Court of Appeal decision this month to strike off his notice of withdrawal.
“I was advised that since I am no longer interested in pursuing my appeal, I am entitled to file an application for leave to withdraw my appeal because the court struck off my notice of withdrawal on the basis that the proper thing to have done was to apply for leave to withdraw my appeal,” Morupisi said in his founding affidavit.
Mr Morupisi’s tussle with the law stemmed from the 2022 High Court sentence by Justice Chris Gabanagae, who handed him a wholly suspended two years jail term and a cumulative fine of P130 000 for two counts of corruption and money laundering.
After the sentence, the former PSP, through his lawyer, Mr Busang Manewe approached the Court of Appeal seeking that his conviction and sentence on corruption and money laundering be set aside.
However, the Court of Appeal panel requested that he addressed them on the possibility of the court enhancing the sentence should they find that he was wrongly sentenced, which resulted in the notice to withdraw.
The state had objected to the withdrawal notice, hence the panel ultimately struck off the notice and ordered that the appeal should proceed on the grounds as filed.
However, when the CoA panel convened on Tuesday to hear the appeal, Justice Tau told the court that the appellant, Mr Morupisi had filed an application with the court.
“There is an application that has been filed by the appellant in this case, do you intent to oppose it,” she asked the state attorneys in Ms Kentse Molome, Ms Pricilla Israel and Mr Moagi Ndlovu, who responded in the affirmative, hence the CoA ordered the state the file its opposing affidavits on June 28 while the appellant was ordered to file his replying affidavits on July 3. The heads of arguments by both parties are to be filed on July 5 and the hearing had been scheduled for July 6. ENDS
Source : BOPA
Author : Bonang Masolotate
Location : GABORONE
Event : court
Date : 26 Jun 2024







