Kanjabanga hounded by BDP - Boko
OLIVER MODISE
Staff Writer
| Thursday January 24, 2008 00:00
Boko wants the case struck off the roll 'because his client's constitutional right to be tried within a reasonable time has been breached'.
'The claimants demand the immediate stay of any further action in respect of the intended prosecution as they will be bringing a constitutional application in terms of section 18 of the constitution of Botswana that their rights to be tried within a reasonable time, and rights relating to their integrity and protection of the law, would be violated by the intended prosecution,' reads Boko's notice to the AG.
He contends that the timing of the prosecution might be an underhand tactic to kill Kanjabanga's hopes to run for parliamentary election just when he had started to make inroads in the Gaborone North constituency currently in the hands of the ruling Botswana Democratic Party (BDP).
Kanjabanga is a Botswana National Front (BNF) politician who aspires to run for parliamentary office in the coming 2009 general elections.
He has been slapped with corruption charges on allegations that he and other co -accused stole and defrauded the Southern District Council money amounting to P399, 500. in 2004.
The notice from Boko dated 21st January 2008 was received by the AG's office on Tuesday this week.
In his five-page letter of notice to the Attorney General, Boko states that the Directorate of Corruption and Economic Crime (DCEC) informed Kanjabanga and his secretary that they were under criminal investigation regarding alleged theft of a cheque belonging to the Southern District Council in 2004. He said that after the investigation the two were told of impending criminal charges against them.
'Some time passed and nothing was heard from either the investigator or the Attorney General and Directorate of Public Prosecutions regarding this matter', states Boko.
In his submission, Boko states that Kanjabanga tried to inquire at the DCEC about the pending charges against him but was never adequately told the prosecution's position.
Boko says that it came as a surprise that his client was served with a charge sheet of theft, forgery and money laundering four years later.
'Four years is an inordinately long period to even remotely allege to have been conducting investigations,' he argues.
He further contends that nothing can justify the delay of the charges. Boko argues that the DPP's discretion on who to prosecute must be excercised judiciously. He takes a swipe at the intended prosecution saying that it does not have a jot of credibility or sensible evidence.
'The intended prosecution, absent of any evidence grounding it, can only be malicious and an abuse of court process,' argues Boko.
'The impression is inescapable, on the above facts, that the current prosecution is politically motivated and could not be more unfounded and malicious,' says Boko.
Boko argues that he is opposed to the whole prosecution, adding that there was evidence indicating that that even before the prosecution and issuing of the present charge sheet by DPP, a certain member of the BDP executive secretariat was circulating phone messages suggesting that Kanjabanga's political career was finished.