Court sentences Morupisi to jail
07 Dec 2024
The Court of Appeal has sentenced Carter Morupisi to a prison term setting aside sentences that were delivered by the High Court.
Delivering the sentence in Gaborone on Friday, Judge Singh Walia said Morupisi was sentenced to 18 months in prison on count one of money laundering.
On the second and third counts of corruption, Morupisi is sentenced to five and seven years prison term respectively.
The aforesaid sentences are to run concurrently. Judge Walia also said the P130 00 fine which was imposed by the trial court (High Court), if paid, shall be refunded to the appellant.
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 counts of corruption, Morupisi was fined P50 000 of five years imprisonment in default of payment, while on the other count, he was fined P80 000 or eight years imprisonment in default of payment.
However, earlier this year (2024), Morupisi approached the Court of Appeal (CoA) appealing his sentence. The appeal was heard on February 2.
His appeal was seeking the CoA to set aside the decision of the lower court and by so doing discharge and acquit him.
Following the appeal, Morupisi made an effort to withdrew it, but his efforts hit a snag, therefore the appeals court continued with the matter until its finalisation which landed him in jail.
Judge Walia said Morupisi was made aware that the CoA was at liberty after scrutinising the case record, enhance or lessen the sentence that was handed by the lower.
As such, Judge Walia said the appellant through his attorneys had to show cause why the sentences imposed by the trial court should not be enhanced.
Mr Walia said the appellant through his attorneys had in their heads of argument of the appeal case raised a number of mitigating factors which included that the appellant was a first offender and that he was aged.
They had also maintained that he was a man of high societal standing saying that had vanished as a result of the conviction and that the vehicle forming the subject of the case had been forfeited to the state hence the appellant had not benefited from the crime.
On the other hand, the respondent heads of arguments were finalised in that the offences committed by the appellant were serious and the the sentence imposed by the trial court was so disproportionate to the enormity of the crime and amounted to manifest miscarriage of justice.
Judge Walia said mitigating factors advanced by the appellant were not novel. He said leniency towards a first offender was not immutable. “It must be placed in the scales with other relevant factors and a balance struck to arrive at a condign sentence in the circumstances,” said judge Walia.
Judge Walia said as a public officer, holding a position of trust, Morupisi orchestrated an unlawful agreement while the board he was chairman of was suspended, no resolution existed to enter into a contract and due diligence had not been concluded.
As a result, Judge Walia said large amount of money were siphoned from the Botswana Public Officers Pension Fund (BPOPF). He said nearly P400 million of pensioners’ funds was lost, or would be lost if urgent action was not taken.
“This was theft and corruption in amounts unknown in Botswana and can no doubt be traced directly to the appellant’s unlawful action,” he said.
Judge Walia said the court would be failing in its duty and be seen to be eroding public confidence in the judicial system if the appellant were to escape with a rap on the knucles.
“The court would also be seen to be undermine the Honourable President’s stated desire to see an end to corruption,” said judge Walia.
He said the material misdirection occurred when the High Court failed to apply an effective custodial sentence, instead of imposing a fine. Judge Walia said Morupisi was entrusted with the responsibility to prudently husband the financial resources of Botswana.
Judge Walia said the sentence delivered by CoA reflect a proper tempering with mercy as it was substantially lower than the the maximum sentences prescribed by the relevant legislation. Ends
Source : BOPA
Author : Moshe Galeragwe
Location : Gaborone
Event : Court case
Date : 07 Dec 2024
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