Morupisi judgment on Friday
31 Dec 2024
The Gaborone High Court will on January 3, 2025 deliver judgment in a case in which former Permanent Secretary to the President, Carter Morupisi is challenging impartiality of Court of Appeal’s Judge Singh Walia.
Morupisi, who is currently serving a seven-year jail term following confirmation of his conviction by the Court of Appeal on charges of corruption and money laundering, argued that Judge Walia was impartial in delivering judgment.
His attorney, Mr Obonye Jonas contended that the main application was constitutional challenge against the decision of the court of Appeal where Justice Walia made reference to the remarks by the President of the Botswana, that he would like to see an end to corruption.
“ Our complaint is thus that it is impermissible for a judge to make political sentiments in sentencing a person and our argument is that it violates the fair trial on the accused person thus we view that as a grief misdirection which could have been used in sentencing Mr Morupisi,” he said.
He indicated that the judge said the court would be seen to undermine the President’s desire to see an end to corruption if Morupisi was not sentenced to jail. He argued that this could be a serious and grave misdirection by the judge.
He added that by referencing the President’s remarks, it was clear in passing the sentence that the court was pandering to the whims of the executive or politicians.
He thus called for the sentencing judgement to be set aside.ENDS
Source : BOPA
Author : Thato Mosinyi
Location : Gaborone
Event : Court case
Date : 31 Dec 2024
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