- Morupisi’s lawyer has cited public scrutiny and ridicule, age and service to the public for compassion
- The prosecutor has called for setting a precedent with the landmark case in order to guide the lower courts
GAZETTE REPORTER
The Court of Appeal (CoA) in Gaborone is set to deliver its verdict in the case involving former Permanent Secretary to the President, Carter Morupisi, on Friday.
Morupisi appealed his conviction on two counts of corruption and one of money laundering after being found guilty by Justice Mokwadi Gabanagae of the Gaborone High Court two years ago.
He was sentenced to two years’ imprisonment on the charge of money laundering, wholly suspended for three years provided he does not commit the same offence during that period.
Sought discharge and acquittal
For the two corruption counts, Morupisi was fined P50,000 or five years’ imprisonment in default of payment and P80,000 or eight years’ imprisonment in default of payment, respectively.
Earlier this year, Morupisi sought to have his sentence overturned and appealed to the Court of Appeal. The appeal was heard by Justices Lakhvinder Singh Walia, Tebogo Tau, and Bess Nkabinde, with the appellant and respondent presenting their arguments.
In his appeal, Morupisi asked the CoA to discharge and acquit him, seeking to have the lower court’s ruling set aside.
Morupisi’s attorney, Dr Obonye Jonas, emphasised the gravity of the charges, acknowledging that corruption and money laundering were serious crimes that could destabilise a country’s economy.
Severe consequences
He argued that the sentence imposed by the High Court was fair and in line with sentencing principles. However, Dr Jonas also pointed out that Morupisi had already suffered public scrutiny and ridicule, and urged the CoA to show compassion, considering Morupisi’s age (65) and his prior service to the public.
He added that Morupisi, now retired and without a steady income, would face severe consequences if his sentence were enhanced.
In response, Ms Kentse Molome of the Directorate of Public Prosecutions contended that the High Court had failed to provide adequate reasoning for its sentencing decision.
Enhance or reduce
She emphasised that the CoA had the authority to review the sentence and, under Section 325 of the Criminal Procedure and Evidence Act, could either enhance or reduce it.
Furthermore, she called on the CoA to set a precedent, noting that the Morupisi case was a landmark in Botswana’s legal history. She argued that the CoA’s ruling should guide lower courts on how to handle similar cases in the future.
The Court of Appeal is expected to deliver its sentence on Friday.