A case that never was
A brazen criminal act from those entrusted with public power DPP, DCEC, and DIS have gone rogue - Justice Kebonang “Citizens must never be terrified of their own government”
Gaborone High Court Judge Dr. Zein Kebonang says the Directorate of Intelligence and Security ( DIS), Directorate of Public Prosecution ( DPP), and Directorate on Corruption and Economic Crime ( DCEC) have gone rogue.
According to the judge, the state through the DPP, DCEC, and the DIS offices fabricated and manipulated evidence, framed and falsely implicated DIS Officer, Welheminah Maswabi.
“There was also intentional non- disclosure of evidence by these institutions. The conduct of the state agencies has chilling effects on the rights and civil liberties of the Applicant. The concerned State organs and the named officials have simply gone rogue,” Dr. Kebonang said in his judgement when setting free Maswabi, codenamed ‘ Butterfly’ from the charges levelled against her by the state.
Maswabi was initially charged with three counts but the state would late last year drop the charge for Financing Terrorism. This week Dr. Kebonang discharged and acquitted her from the two remaining counts - possession of the unexplained property and false declaration of a passport.
According to the judge, Maswabi’s prosecution was clearly for an ulterior and dishonourable purpose. He pointed out that the DPP knew at the time he decided to charge Maswabi that there was no evidence against her.
Dr. Kebonang stated that the DPP chose, in breach of his constitutional obligations to deliberately cause harm to the Applicant by falsifying and fabricating evidence against her.
“Citizens must never be terrified of their own government and those who exercise public power must do so honestly. The Applicant will never regain her reputation back.
“One can also imagine the reputational harm suffered by other individuals wrongly and falsely impacted by the 1st Respondent and his teams such as former President Dr. Seretse Khama Ian Khama, Isaac Seabelo Kgosi; Bridgett Motsepe and the reputational impact to Bank of Botswana and other international financial institutions such as Absa and Nedbank of South Africa. The country itself has suffered immense harm from these contrived prosecutions,” explained the judge.
Dr. Kebonang pointed out that the trauma of a wrongful arrest and prosecution based on deliberately falsified charges by the state that constitutionally has an obligation to protect its citizens extends over the lifetime of the victim.
Not only can it affect one’s mental health but can cause depression and other related post- traumatic disorders, he said, adding that adaptation to life as an accused person is no doubt difficult and has a clear negative psychological effect on the accused person.
“In the end, the case against the Applicant was a case that never was. It was a lie orchestrated from the onset by highly ranked public officers who are accountable only to themselves.
“It was a brazen criminal act from those entrusted with public power that should have never been allowed to happen. As a consequence of these declaratory orders being granted, the conduct of the 1st Respondent and all those involved in the investigation and prosecution of the Applicant on falsified and fabricated evidence is open to scrutiny,” the Judge stated. He explained that the DPP and all those involved in the prosecution of Maswabi ignored very basic legal principles, withheld and falsified material evidence and subjected an innocent person to an unfair and prejudicial prosecution process.
The judge found in his judgment that there was intentional misconduct by those involved in the investigation and prosecution of Maswabi.