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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