08 Jul 2024

Former Permanent Secretary to the President, , Carter Morupisi says his financial status does not allow him to proceed with his appeal against conviction on corruption and fraud.

Morupisi’s lawyers, Mr Busang Manewe made the averment before the Court of Appeal panel on Friday, as he pleaded that his client be granted leave to withdraw the appeal.

“As early as February this year, he has been of the firm view that he is no longer interested in pursuing this appeal,” he said

He said when the case started at the High Court years back, his client, who is now a pensioner, was employed in the public service. He said his client could no longer afford the legal costs.

Also, Mr Manewe said the rules allowed the appellant to withdraw an application before arguments were made, hence the Court of Appeal was entitled to deal with the matter.

He said in a democratic society, it was important for people to act on free will, adding  it would be tragic for the court to force the appellant to proceed with the appeal.

Also, he said there would be no prejudice suffered by the state if the leave to withdraw was allowed.

Asked why his client could not seek legal assistance even from Legal Aid Botswana, Mr Manewe said Legal Aid had stringent qualification requirements which would exclude his client.

Furthermore, he said the application for leave to withdraw the appeal was different from the previous notice to withdraw, which was struck out by the court.

However, the state attorney, Ms Kentse Molome said the appellant had no prospects of success as the matter was settled when the court struck out the notice to withdraw.

She said in its judgment, the court ordered that the appeal proceed on the grounds as filed, hence the current application was closed out by operation of law and by case law.

She said when the court ruled that the appeal against conviction shall proceed on grounds filed, it closed the door for any opening for the appellant.

Also, she said the appellant instituted the notice to withdraw, which the court refused, after the state and appellant were asked to address the court on whether the court had powers to enhance the High Court sentence against Morupisi.

Therefore she said the court had indicated its interest in varying the sentence imposed on the appellant.

The application for leave to withdraw, which is before Judge President, Justice Tebogo Tau and Justices Basetsana Nkabinde and Singh Walia is heard by the same panel that recently stuck out a notice of withdrawal by the appellant.

The former PSPs legal fight originates from the 2022 High Court sentence by Justice Chris Gabanagae, who handed him a wholly suspended two-year jail term and a cumulative fine of P130 000 for two counts of corruption and money laundering.

The state on the matter is represented by Ms Molome, Ms Pricilla Israel and Mr Moagi Ndlovu.

The Court of Appeal will deliver the judgment on July 26. Ends