Motiganz case dismissed
A case in which Motiganz Botswana (a diamond cutting and polishing company) Managing Director Dayan Mordehay, personnel manager at the company Clifford Mogomotsi together with Charles Chalashika, Security officer, Loss control at Botswana Power Corporation (BPC) are facing corruption charges has been dismissed because the prosecution is not serious, ruled magistrate Munash Ndlovu.
Dismissing the case last Friday, the magistrate said the prosecution is not serious as they were always disorganised during mentions. He advised that the prosecutors should get their house in order before they can re-register the case.
The defense lawyer Unoda Mack of Unoda and Bahuma Attorneys had pleaded that the case be discharged after the prosecutor failed to turn up without communicating with the involved parties, and not passing instructions to her colleagues. Mack argued that it was costly for his clients to be coming to court every month without any progress in the case.
During the previous mention, the prosecutor whose name appeared on the charge sheet had to be called from another court room only to tell the court that she knew nothing about the case. She further said the case is still being investigated and has not yet been registered with them. She then asked that a new mention date be set so that they can assign a prosecutor for the case. The prosecutor who was supposedly standing in for her during the first mention was said to be absent on leave.
Mordehay who had come to Botswana solely for the case during the previous mention was not present on Friday. According to Mack, he is in Israel where he is receiving medical attention.
On the first charge of official corruption, it is alleged that Mordehay and Mogomotsi on the 9th of July at or near Motiganz in Gaborone, Block 3 Industrial acting together in consent corruptly gave Chalashika a sum of P30, 000 on account that Chalashika allows them to upgrade supply of electricity illegally and continue to steal electricity.
On the second charge, extortion by public officer, it is alleged that Chalashika took or accepted the sum of P30, 000 from Mordehay and Mogomotsi on account that he does not report them to the management of BPC for upgrading supply of electricity illegally and stealing it.