Defence attorneys accuse state of indecisiveness

Defence lawyers in the case in which MP for Tati East, Moyo Guma’s company - IRP Transport - is suspected of involvement in a financial offence, have slammed the state of dragging its feet in the investigations against their client.

During the last court appearance, the state attorney asked that the rule nisi be extended so that they could complete investigations and update parties on how far they had gone with them.

Appearing on Friday before Village Chief Magistrate, Merafe Taolo, state lawyer Mpho Marapo requested again that the rule nisi be extended because they have not completed their investigations. He said the investigations are taking too long because they involve other countries. Marapo said they have written to directors of the company to assist because they had found evidence which could be used in the investigations.

“We are talking about issuance of money and that cannot be wished away by rushing the investigations or be terminated because they are taking too long to be submitted,” he said.

In response Moses Kadye and Doctor Pusoetsi accused the Directorate of Public Prosecutions (DPP) for singing the same song in court. They said in the last court appearance when the rule nisi was extended, the issue of investigations involving other countries was raised. “It is now a song to the ears of this court.
They should tell this court how far they are with their investigations and charge my clients if there is need to,” said Kadye.

He also accused DPP of dragging their feet in the matter. “When an order of freezing accounts was made they came here running and now that the money they are looking for was not in the accounts, they are dragging their feet. The bank records were provided as to what the money was used for,” argued Kadye in response to an argument that DPP could not be rushed into completing the investigations because of the seriousness of the case.

Sharing the same sentiments, Pusoetsi who is representing the second respondent in the case- Minister of Youth, Sports and Culture Thapelo Olopeng - lashed at the state for failing to find what they are looking for. “We are not making progress in this matter, we are moving in cycles and the person who instituted this matter has now lost the way. He does not know where he is going,” said Pusoetsi.

Responding to comments about taking time in the investigations, Pusoetsi said, “DCEC came to this court in a hurry to obtain an order against the respondents and it is surprising that they cannot be rushed to complete their investigations.”

In his affidavit submitted to Oahile-Mokibe on July 13 2015, Standard Chartered Bank Chief Executive Officer MoatlhodiLekaukau explained that on Thursday May 28 2015, the bank received a letter from the Financial Intelligence Agency (FIA) advising that the agency has reasonable grounds to suspect that the account belonging to Guma’s company was involved in a financial offence.

“The account belonging to the 1st respondent (IRB Transport) and held with the 3rd Respondent (Standard Chartered Bank) Game City mall branch was involved in the commission of a financial offence as defined under the Financial Intelligence Act [Cap 08:07] (“FIA Act”), and thereby directing the bank to halt and/or not to proceed with any debit transaction relating to the account,” reads the CEO’s affidavit.

The amount of over P25 million was found in the company’s account. In 2013, Moyo Guma signed a consultancy agreement with Chinese multinational Sinohydro, which later won a $319million tender to expand the 300 MW Kariba South Hydro Power Station in Zimbabwe.

Through his company, IRB, Guma has reportedly brokered multimillion Pula deals between several African governments and Chinese multinationals, in the process earning himself millions in consultancy fees.

He was the middleman when Sinohydro was contracted to build several infrastructure developments in Botswana, including the new Sir Seretse Khama Airport, Kang-Hukuntsi road, Francistown-Ramokgwebana road, Dikgatlhong Dam, Lotsane dam and Francistown/Ramokgwebana road.

In June 2015 the DPP, acting on behalf of the DCEC, filed an application for the bank accounts of Guma’s company, IRB Transport and those of his business associate Minister of Youth, Sports and Culture, Thapelo Olopeng, to be frozen. When he became Minister of Youth Sports and Culture, Olopeng sold his shareholding in Executive Closets lodge in Phase IV Gaborone to Guma.

He was paid P3, 4 million through a cheque from IRB Transport, a company wholly owned by Guma. It was this cheque that led to Olopeng being enjoined in the application for Guma’s accounts to be frozen.
The case continues next month (February).