‎Two men accused of selling three fake diamond stones at Cumberland Hotel in Lobatse on February 12 appeared before the Lobatse Magistrates Court on April 28.

‎The accused, South African national Pedro Justo, 47, and Motswana , Isaac Mogale, 44, were charged with selling articles purporting to be precious stones, contrary to section 6 (1) (b) as read with section 6 (3) of the Precious and Semi-Precious Stones Act, Cap. 66:03 of the Laws of Botswana. 

‎According to the charge sheet, the duo, who are not authorised to sell precious stones, acted jointly on February 12 offering three shining stones for sale while claiming they were diamonds.

‎‎Senior Superintendent Joshua Ntau, Officer Commanding of the Diamond and Minerals Protection Office, told Senior Magistrate Vinga Kedikilwe-Johnson that the defence had been served with all prosecution materials.

‎Outstanding documents include an affidavit from the Geological Science office and the investigating officer’s statement.

‎‎Ntau said the appearance was intended to set trial dates. However, this could not proceed as the first accused, Justo, was unwell after a car accident in South Africa. He proposed a new mention date to update the court on Justo’s health and, if possible, set trial dates.

‎‎Defence attorney Thekololo Letsholo confirmed Justo’s absence due to the accident and said the court would be updated on his medical status. Letsholo also confirmed receipt of prosecution documents, commending the 'smooth end-to-end communication' from the state.

‎‎Letsholo further requested a change to bail reporting conditions. The court granted the request, allowing Justo, who resides in Zeerust, South Africa, to report in Lobatse, while Mogale will report fortnightly to the Diamond and Mineral Protection Unit at Kgale Mews in Gaborone instead of Lobatse.

‎Under the Semi-Precious Stones Protection Act, dealing in articles purporting to be precious stones is a serious offence. Section 6 prohibits any person from selling, pledging, bartering, or otherwise dealing in such items. Conviction carries a minimum of five years and a maximum of 15 years’ imprisonment. Subsequent convictions carry seven to 15 years.

‎The accused are due back in court on June 4 for a final case management conference. ENDS