The Directorate of Public Prosecutions (DPP) faces possible contempt of court after failing to file and share answering affidavits in urgent bail application of disgraced Directorate of Intelligence and Security Services (DISS) agent, Wilheminah Mphoeng Maswabi.
On Monday when the case was called as a matter of urgency, the state had asked the presiding judge, Michael Mothobi, to postpone the matter- initially to Wednesday, because they needed time to complete their answering affidavits.
Mothobi granted the state more time and ruled that the state submit their answering affidavits by end of business Tuesday whilst the defence were to submit any additional papers by Wednesday.
The high court judge set the return date for argument on the bail application for today (Friday) at 2.30 PM.
However The Voice is reliably informed that by deadline of this publication (Wednesday) the state had not submitted their answering affidavits.
Efforts to get a comment from the state why they have not submitted their affidavit were futile as the DPP Deputy Director, Enerst Mosate, failed to revert as he had promised. His phone later rang unanswered.
His colleague, Priscilla Israel’s phone was also off as she was said to be outside the country trailing the accounts alleged to be hosting the alleged looted funds.
In an interview with a tight lipped source they said “the State are in a state of panic. They do not know how to counter those affidavits from the very banks they alleged the monies were transferred to. Should Butterfly prove that the said accounts do not exist its game over for the state.”
Another source said “the BOB Governor rubbished the claims of such amounts being looted. I am also aware that he has been trying to get affidavits from the DCEC but they refused to give him documents to support their claims so they are chasing a dead horse if BOB is not with them on this one.”
Butterfly had approached the court after she obtained affidavits from former President Ian Khama, Absa bank and Nedbank South Africa quashing claims that she had accounts and business dealings with them.
She said she was denied bail by an earlier judge of false evidence.
She is accused of Financing terrorism, false declaration of passport and possession of unexplained property.