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Botswana: Judgement On Attorneys' Fraud Case Postponed
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Mmegi/The Reporter (Gaborone)
8 April 2008
Posted to the web 9 April 2008
Oliver Modise
Gaborone
Judgement has been postponed again in the case in which attorneys Tiro Mothusi and Herbert Sikhakhane are accused of obtaining money by false pretences.
Presiding magistrate, Nelson Bopa was due to deliver judgement in the case yesterday but was compelled to reschedule because Mothusi was absent.
Last month, Bopa postponed the case stating that he had not finished his judgement. Yesterday, Sikhakhane stood isolated in the dock. Only Mothusi stood between Sikhakhane and the verdict. Although the village magisterial court was poorly attended, scores of people including journalists turned up expecting a ruling.
Appearing for the state, counsel Boyce Rampete said he was not sure if Mothusi was aware that the judgement was due. Bopa told Rampete that he had spoken to Mothusi's former lawyer, Tengo Rubadiri.
"It would appear Mr Rubadiri is no longer representing him," revealed Rampete. He told the court that he had tried to contact lawyer Themba Joina to confirm if indeed he was Mothusi's new attorney but failed.
"The prudent way is to set another date and communicate it with Mr Mothusi," submitted Rampete. Sikhakhane's lawyer, Unoda Mack did not comment on the day.
"I reschedule the dates to 21st of April and the dates shall be communicated to Mothusi," ruled Bopa.
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The two lawyers have been charged together with their law firms Mothusi and Company and Sikhakhane and Company. Mothusi and Sikhakhane are alleged to have conspired together with three others to obtain money by false pretences between December 18 and 22, 2003.
The accused are said to have attempted to defraud the state by obtaining and depositing two government cheques worth P420, 000 and P450, 000.
They purported to be acting on behalf of AES Hyper World (Pty) Ltd, which is said to be owned by Multi Construction Engineering.
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