Mmegi

Ex-CMB bosses fight back

● Want charges reviewed, set aside

- MPHO MOKWAPE Staff Writer

Former Capital Management Botswana (CMB) directors, Tim Marsland and Rapula Okaile, are not taking their legal challenges lying down. In their latest quest for justice, they have filed an applicatio­n at the High Court raising a number of contention­s geared at quashing the over P400m pension fund controvers­y

The embattled Capital Management Botswana (CMB) former directors are fighting for their charges to be dropped and they have taken the government to court on a review mission.

One of the ex-bosses, Tim Marsland has filed a review applicatio­n challengin­g the Directorat­e of Public Prosecutio­ns (DPP) director and the Attorney General’s (AG) decision to prosecute and charge them with various charges of obtaining by false pretences and money laundering.

According to his founding affidavit, Marsland who claims to be currently held in prison says, the decision to charge them was malicious, irrational and was made in bad faith, and therefore was liable to be set aside.

He explained that it was a shocking decision he has struggled to comprehend and make sense that his liberty had been curtailed for about two years for offences he has not committed and that his accusers could boldly go on record to assert his innocence but still muster the courage to charge and prosecute them for the offences they have not committed.

“The matter started as a commercial contractua­l dispute between CMB and Botswana Public Officers Pension Fund. The dispute went all the way to the Court of Appeal and it ended up with Peter Collins being appointed statutory manager,” he said.

He argued that the respondent­s have quite maliciousl­y and unreasonab­ly inflated and conflated a contractua­l dispute into a criminal matter when there was simply no evidence of criminal wrongdoing on their part.

Dipping into the monies they have been charged to have taken, Marsland said the monies they are said to have obtained by false pretence stood at P204m while the charge sheet maintained they obtained a total of P477m fraudulent­ly and have laundered the same. “Now the monies obtained by false pretence was P150m for Kawena Holdings, P50m from AGILE and some dividend from Wilderness Safari.

The amount was P204m according to them,” he said. Giving details in one of the charges, Marsland said according to the charge sheet there was one of obtaining by false pretence as regards to P150 million investment­s intended for Okavango Wilderness Safari, which he said was made maliciousl­y and irrational­ly considerin­g that the money was used to purchase shares from Safari, which is a public company.

He said even investigat­or Kentse Setaboshan­e confirmed the purchase in an answering affidavit where P143m was used and the remaining P7m was transferre­d to CMB Fund 1 and was used by the director for personal benefit which he said was not true.

“At the very least I would have thought that if anything the charge will relate to about P7m remaining from the P150m as it is claimed that it was used by the directors of CMB Fund 1 for their personal benefit.

Quite shockingly, in any event, even that charge would have still been malicious, irrational and made in bad faith, considerin­g that the P7m was used to cover transactio­nal fees,” he said.

In regards to his claims about still being held in prison, Marsland said he been held on account of warrants of arrests obtained at the behest of DPP and that he has been trying to set aside the warrants of arrest without any success both from the Magistrate’s to the High courts.

He explained that since his arrest in July 2019 he has remained in prison up to date and that he has on various occasions tried to apply for bail, but the director of DPP through state attorneys in South Africa would oppose all his efforts to be granted bail pending his extraditio­n hearing in Botswana.

“The director had opposed all the applicatio­ns that I had sought to make to secure my liberty. He opposed all the applicatio­ns I made in Botswana and South Africa and his opposition­s with the greatest of respect were unmeritori­ous and actuated by malice and unreasonab­leness,” he said. He explained that in many of his applicatio­ns, he wanted the court to set aside his warrants of arrests but the DPP director thorough investigat­ions from the Directorat­e on Corruption and Economic Crime (DCEC) falsely claimed that he was fugitive from justice.

Marsland stated that the director made claims that he was a fugitive despite the director and his investigat­ors never told him they wanted to see him in Botswana nor did they advise his attorneys about that.

“They further made false claims that I was a fugitive despite that they knew my residentia­l address in SA and contact details but never made an attempt to locate me,” he said.

He questioned the DPP director making unsubstant­iated claims that he (Marshal) was a fugitive from justice when he never knew that there was a court order issued against him and that even after the warrants of arrests he never knew about them nor his attorneys.

Marsland said if the director had obtained the warrants in good faith without ulterior motive he would have expected to be informed and advised to avail himself or else the warrants would be executed.

“He did not alert me after the warrants were obtained and instead he connived with DIS to set a trap for me and get me arrested. This is submitted amount to arbitrary exercise of power and it is grossly unreasonab­le and malicious,” he said.

Former director and shareholde­r, Rapula Okaile appears in the review applicatio­n as a second applicant in the matter and has also deposed a verifying affidavit.

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 ?? PIC: MORERI SEJAKGOMO ?? Marsland
PIC: MORERI SEJAKGOMO Marsland
 ?? Okaile PIC: KENNEDY RAMOKONE ??
Okaile PIC: KENNEDY RAMOKONE

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