Heads to roll in the aftermath of “Butterfly’s” acquittal

  • Court orders Masisi to fire DPP director Tiroyakgosi
  • Tiroyakgosi may also be struck off the Law Society register
  • Court concludes that Magosi, Hubona, Israel, Tiroyakgosi colluded to fabricate evidence against “Butterfly”

President Mokgweetsi Masisi finds himself in an invidious position to act against key people in Botswana’s law enforcement agencies and the Department of Administration of Justice following the disastrous failure of the state to adduce the slightest evidence in its king’s ransom case of P100 billion allegedly stolen from the Bank of Botswana by powerful personages.

Finally bringing the marathon case to a close this week, Justice Dr Zein Kebonang of the Gaborone High Court concluded hat the head of the Directorate of Public Prosecutions (DPP) Stephen Tiroyakgosi, the head of the Directorate of Intelligence Services (DIS) Brigadier Peter Magosi, and officers of the Directorate on Corruption and Economic Crimes Jako Hubona and Priscilla Israel colluded to fabricate and falsify evidence in order to secure prosecution against an innocent citizen, Wilhemina Maswabi.

Codenamed “Butterfly,” Maswabi was the kingpin to nail if the prosecution should hope to proceed to others named as alleged masterminds in the theft of the staggering amount of money that was purportedly stashed away in offshore bank accounts in several countries. Among these were former president Ian Khama and foundinghead of DISS Isaac Kgosi.

In the judgment, the Registrar of the High Court has been directed to submit a copy of the judgement to President Masisi for appropriate remedial action.

President Masisi is under direction of the court to consider removing DPP director Tiroyakgosi from his position in terms of Section 133 (3) of the Constitution of Botswana.

Tiroyakgosi has also referred to the Law Society of Botswana for investigation and appropriate sanction and to the Attorney General for investigation and possible prosecution. Priscilla Israel, who was deputy director of the DPP when the case began, has been referred to her superior, the Permanent Secretary to the President, for action.

“Butterfly’s” lawyer, Unoda Mack, told The Botswana Gazette after the judgment was delivered that he trusted that President Masisi would act.

“If Masisi believes in constitutional democracy,” Mack added, “he must act swiftly and decisively as advised by the court to restore law and order and credibility to our rule of law and state institutions,” Mack said.

“The agencies of the state have gone rogue and this is an opportune for the President to express his position on the matter through action or inaction.”