*Lawyer demands client’s acquittal so he can visit his wife
The State has been accused of sleeping on its laurels in prosecuting the suspected poaching kingpin, Dumisani Moyo.
Moyo’s attorney, Kagiso Jani is demanding his client be discharged and acquitted.
Jani was left a frustrated man after the case, which was set for trial for Monday and Tuesday, had to be postponed as the State did not bring any witnesses and thus were not ready to continue.
“The State think the court will rubber stamp whatever it says. And it does not care about the welfare of the accused person. He is not able to see his wife and this attitude of the State will affect his marriage because as a married man he must have sex with his wife!” fired Jani.
Moyo, 52, from Kadoma village in Zimbabwe, and others not before court were arrested near Francistown-Orapa junction in January 2018. They were allegedly found in possession of a rhinoceros horn.
Moyo is currently on bail pending trial and has had to give up his travelling documents meaning he is unable to leave Botswana.
He was re-arrested early last year after five years on the run only to be granted bail in June.
“The State is relaxed on the matter. They came to court without witnesses and no communication. In court they stated that they are not ready to proceed since they have a pending matter at the Francistown High Court concerning the same matter,” cried Jani.
He said whilst at his office on Monday he received a savingram from Moffat Dick of Directorate of Public Prosecutions saying today’s court date was to set trail dates.
“This clearly shows lack of seriousness by the DPP. We were shocked because there was no communication and we objected the matter proceeds with trial. The State wanted to make an application before High Court to be allowed to produce a horn as evidence and were given 14 days to do so but they failed and appealed for condonation,” continued Jani adding that application of condonation is not a stay for proceedings.
He also stated that failing to appeal within the given time shows laxity from the State, an action that should not affect the accused person.
“Witnesses not brought in two days in our view undermines the authority of the court!” stormed Jani.
The matter was before Lebogang Kebeetsweng, who set his ruling on the State’s application condonation for the 19th of February.