Oliver Modise
26 November 2008
Gaborone — The Gaborone Village Chief Magistrate, Lot Moroka, yesterday ordered the media reporting on the Central Medical Store (CMS) P20million fraud case not to disclose the name of a key witness the state intends to call.
The order comes after the deputy director of the Directorate of Public Prosecutions (DPP), Phadi Solomon made an application that the case be held in camera for the security of the witness.
However, defence lawyers, Duma Boko, Thabiso Tafila and Unoda Mack dismissed Solomon's application arguing that the application by the state ran contrary to the requirements of a fair trial. Boko said that the witness is a 'snitch' and was afraid of being labelled for what he is.
Jabulani Johnson, 33, unemployed, Norman Maja, 48, a driver at CMS, Aaron Babolele, 29, a senior CMS administration officer, Lebogang Kaisara, 31, a CMS storekeeper, David Tumagole, 37, self-employed, Patrick Cole, a Sierra Leone national, 36, a director of a company based in South Africa called USASA, Clement Molefe, 35, a site manager at USASA, Otsile Mosarwe, 29, unemployed and Jenamo Mfana, 35, a director of a refrigeration company and Abram Marumo, collectively face four counts of obtaining by false pretences.
The 11 men are charged with stealing P20 million from CMS under the pretext that they sold and delivered pharmaceutical drugs between February and April this year while in truth that was false.
Yesterday, the state's key witness, whose identity is to be concealed despite the fact that he is a well known accomplice in the case, had already taken the stand but the state could not lead evidence after Boko objected that the prosecution was yet to furnish the defence with some communication between the witness and Cole.
It has emerged that the email communication between the witness was done through a Black Berry cell-phone that the DPP contends is still with a South African expert who is assisting in the investigations.
Boko argued that without Cole's cell-phone or the information retrieved from it the defence was at a disadvantage because the information was crucial in mapping out the defence case as well as being of assistance in helping the defence lawyers to cross-examine the state's key witnesses Boko pleaded with Moroka not to allow the witness to testify until Cole's cell phone is made available to the defence.
"The information in the Black Berry cell-phone is critical," said Boko.
However, in response, Solomon said that the witness was not going to touch on anything concerning the cell-phone.
She argued that in the interest of time, it was important that the trial proceeds. She called for the witness to give evidence and that the defence could cross-examine at the next date of trial.
In considering his ruling, Moroka said the issue raised by Boko touched at the heart of fairness of trial.He adjourned the case to December 2, hoping that by that time the state would have availed the communication retrieved from Cole's cell phone to the defence.
Meanwhile, one of the accused persons, Johnson, who skipped bail and appeared two weeks ago, pleaded with the court not to force his two sureties to pay the P50, 000 each pledged to pay if Johnson failed to turn up in court. Johnson said that he had tried to raise the money from family members but had failed, urging the court to make a consideration because he did not want bail but a speedy end to the trial.
Johnson had reportedly sneaked out of the country and it was alleged that South African authorities had arrested him for an undisclosed criminal offence. Moroka had issued a warrant for his arrest. The magistrate has reserved his ruling on Johnson's request.
So far, CMS manager, Baile Moumakwa, who has already taken the witness box, outlined how she uncovered the web of fraudulent transactions at CMS in Gaborone.
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