Butterfly case will end in tears for the State
Correspondent | Friday November 20, 2020 17:11
Government institutions, Kapinga said, must never be used to pursue false and malicious charges against citizens however we may dislike or hate them. We must be concerned about this new phenomenon in Botswana and ensure it does not rear its ugly head, he said.
This observation was made in the context of a recent finding by the High Court that the DPP had deliberately lied under oath in order to press charges against the Kebonang brothers, Sadique and Zein. On Tuesday the State once again was found wanting in its claim that Butterfly was a financer of terrorism in Botswana.
The government of Botswana had gone to great thing to portray Welheminah Mphoeng Maswabi also known as Butterfly, former president Ian Khama and ex spy chief Isaac Kgosi as crooks who had stolen over P100 billion to destabilise the Government of Botswana.
Those in the know inform Mmegi that the P100 billion lie was meticulously planned by three people known to this publication. The initial plan involved a claim that P100 million was stolen but this was aborted for a much larger sum of P100 billion to send a bigger shockwave. What the three musketeers did not count on was a fight back from those accused of this unimaginable heist.
The State has now been forced to drop financing terrorism allegation against Maswabi. How a State can manufacture a big lie against individuals and ruin their lives without anyone being held accountable is a classic example of the criminalisation of the State.
The two charges now still being pursued against Maswabi relate to possession of resources beyond her means and possessions of a false passport. Asked to comment on these remaining charges, one of the attorneys had this to say: “You know these charges will not stand.
The persons who must be prosecuted are not here. Everybody in intelligence will tell you that operatives operate under pseudo names and hold several passports issued by none other than their own governments.
As for resources she is said to possess, isn’t it ironic that the charge sheet doesn’t state what those are? The State will maintain these charges in Court to protect those who planned and executed this lie”.
The withdrawal of the charge whilst welcome and no doubt provide the necessary relief to Maswabi compounds the State in the defamation suit brought against it.
It would be interesting what their defence would be given that they could not proceed with the criminal charge against her. We are indeed witnessing the use of government institutions for diabolical motives. This is only the beginning of a storm unless we hold those responsible accountable.
MOGAKOLODI MASOSOTE*
Mogakolodi Masosote is a pseudonym of a senior attorney in private practice and writes about law for Mmegi