State revises Nchindo, Matome charges

ISAIAH MOREWAGAE
Staff Writer | Tuesday March 16, 2010 00:00

 

The charges had been re-formulated after last month's death of Nchindo, who was the main accused person in the graft case.

Garvas and Matome now face 10 counts, down  from the 35 charges, which were preferred against them before the death of the former Debswana boss and the withdrawal of Jacob Sesinyi who has become a state witness.

Yesterday, defence lawyer Parks Tafa told the court that they only received the new charge sheet in the morning hence they would need time to study, advise and get fresh instructions from their clients. Tafa also submitted that  the plea for Garvas and Matome should be reserved until today.

Another issue to be addressed is the substitution of an accused person on behalf of Gulconda Holdings. Regional magistrate Lot Moroka told the court that there are some authorities, mainly from South Africa, that deal with the similar situation involving Gulconda Holdings.

Tafa in the meantime complained of the stories that were recently published by one of the local newspapers, which, he says, carried information that may be prejudicial to some of the people involved in the case.

He told the court that the articles carried evidential information that may compromise the smooth running of the trial. Tafa was of the view that if the situation was not averted, the rights to a fair trial for both Garvas and Matome would be compromised.

Prosecutor Kgosiitsile Ngakaagae confirmed that the defence team, complaining about some newspaper articles, which carried the potential exhibits during the trial, had approached them. Ngakaagae told the court that they were not party to the application by the defence but stated that should their input be sought, they would be available to help.

'We have taken the view that we will not stay in the way of any party who feels aggrieved by a conduct that they feel is prejudicial to them or their clients,' Ngakaagae said.

Moroka then postponed the case to today, when it is expected that Garvas and Matome will take a plea. The trial starts on April 6 until the end of the month.