27 Nov 2024

The Court of Appeal (CoA) in Gaborone will on November 29, deliver sentence in a case where Carter Morupisi has appealed his sentence by High Court on two counts of corruption and one of money laundering.

The case was on November 27 heard by Judge Singh Walia, Judge Tebogo Tau and Judge Bess Nkabinde where the appellant and respondent presented their heads of argument.

Morupisi (65) was two years ago, November 16, 2022 found guilty by Judge Mokwadi Gabanagae of Gaborone High Court.

On count one of money laundering, he was sentenced to two years imprisonment, wholly suspended for three years on condition that he does not commit same offence during the said period.

On count two still of corruption, the High Court fined him P50 000 or five years imprisonment in default of payment, while on count three he was fined P80 000 or eight years imprisonment in default of payment.

However, earlier this year, Morupisi approached the Court of Appeal appealing his sentence, which was heard by the CoA of February 2, 2024.

His appeal was seeking the CoA to set aside the decision of the lower court and by so doing discharge and acquit him.

The appellant (Morupisi) attorney, Dr Obonye Jonas has in motivating the CoA to deliver a desirable sentence indicated that his client was aware of the seriousness of the matter at hand.

Dr Jonas said as it was stated by the court in its judgement on the matter where his client wanted to withdraw the appeal, that white collar crimes such as corruption and money laundering were social evils striking at the very foundation of a developing country’s economy.

He said he was aware that based on the merits of the case and on how the matter was deliberated at the High Court, the CoA was at liberty to enhance or reduce the sentence.

Dr Jonas said the court’s decision will be guided by whether there was error of principle in sentencing or that the sentence was inadequate.

“We believe there was no error of principle in sentencing by the High Court. The judge delivered a sentence that suited the offence and the offender and that it was a lesson and a deterrent to the society not to commit such crimes,” he said.

Dr Jonas said the High Court has in delivering its sentence taken into consideration the personal circumstances of the accused person, as he was a distinguished public servant.

He described Morupisi as a man who was devoted to serving the public as a public servant from whom more was given and more was expected.

He said prior to the delivery of sentence by the High Court, Dr Jonas said his client has already suffered the most as he was severely exposed to public scrutiny, ridicule and judgement.

“He was exposed to sever judgement by the public. He is a elderly man, now aged 65, the authority must exercise compassion and empathy in its sentencing. The High Court has in its sentencing also considered that he was an elder and also taking into account his contribution to the society,” said Dr Jonas.

“We submit that on the principle of sentencing, there was no error. The below court has fully appreciated and abided by the sentencing principles. Enhancing sentence will be dire on him as he was now retired and without a sustained source of income,” said Dr Jonas.

Meanwhile, Ms Kentse Molome of Directorate of Public Prosecutions said the respondent has filed comprehensive heads of argument and therefore the CoA had the power to deliberate on the matter and determine whether to enhance or reduce sentence guided by the provisions of section 325 of the Criminal Procedure and Evidence Act.

Ms Molome said it was the respondent view that in sentencing, the High Court failed to provide substantive reasoning to support its decision.

“The appellant lawyer has also not provided anything that was worth responding to which was against our case,” she said.

Ms Molome has also advised that since the CoA was the supreme court of law must in its sentencing guide the lower courts on how to deal with similar cases in future.

She said the Morupisi case was the first of its kind in the country and therefore it would important for the CoA to set precedence that would guide lower courts in dealing with such white collar crimes.

“The CoA must develop a guideline on how to deal with such matters in future,” she said.ENDS