DPP wants trial to go ahead
When the Court of Appeal resumes next week, all eyes will be on the former Permanent Secretary to the President, Carter Morupisi, who will be appearing in court to confirm withdrawal of his controversial appeal against the 2022 corruption and money laundering convictions.
Even more interesting will be the response of the Directorate of Public Prosecutions who is reported to be itching for the appeal to go ahead.
In a correspondence between the two parties, DPP has stated that it intends to oppose the appeal scheduled for hearing on the 19th March, 2024.
“Be pleased to take notice that the Appellant files herein the following: Notice of Withdrawal of Appeal,” wrote Morupisi’s attorneys on February 29th.
“Be pleased to take notice that the Respondents hereby files forthwith notice of opposition,” reads correspondence from DPP to Morupisi’s attorneys signed by Kentse Molome dated 5th March, 2024.
Reached for comment, Morupisi’s attorney, Busang Manewe, confirmed withdrawal of the appeal, but would not want to discuss the matter further.
“Yes, I can confirm that we have withdrawn the appeal. That’s all I can say for now,” he said this week.
The DPP’s intention to oppose the withdrawal has raised many questions about how the matter is going to proceed, how it is even possible to oppose withdrawal of appeal, and whether Morupisi’s freedom is still guaranteed.
The former permanent secretary to the president had intended to appeal convictions on corruption and money laundering, arguing that there was a duplication of the charges and therefore unfairly prejudicing him.
In November 2022, Morupisi was sentenced to two years wholly suspended for three years on condition he did not commit the same offence.
He was also fined a total P130,000 for the offences linked to the misappropriation of millions of Pula from the Botswana Public Officers Pension Fund.
He was warned during sentencing that the first offence of corruption carries a fine not exceeding P5 000 or an imprisonment period not exceeding three years or both.
The second count of corruption carries a prison term not exceeding 10 years, or a fine not exceeding P500 000, or both, while the third charge of money laundering attracted a fine not exceeding P20 million or imprisonment term not exceeding 20 years or both.
During the previous proceedings of appeal, he was advised to address the issue of whether the Court of Appeal had powers to reduce or increase the sentences imposed by the lower court.
