Africa-Press – Botswana. The State has lost the case against Bakang Seretse in its final attempt to recover some of the funds in the missing P230 million belonging to the national treasury, the National Petroleum Fund (NPF).
This morning the Court of Appeal dismissed State’s appeal on grounds that there was no evidence to suggest that Seretse’s property which the State wanted to forfeit was derived from proceeds of crime.
Judge Daniel Brand when dismissing the appeal said the State failed to establish on balance that indeed the properties were acquired illegally with funds from the NPF.
He explained that the State relied on evidence about the increases in fuel price caused by siphoning of funds from the NPF for other purposes.
The State was appealing a High Court judgement that authorised that Seretse be given his assets back. The Directorate of Public Prosecutions (DPP) reckoned the amount of P67, 734,260.00 and other assets belonging to Seretse and his companies were proceeds of crime.
The judge said there was no evidence that Kenneth Kerekang, (who authorised payment at the request of DIS) knew that the Directorate of Intelligence and Security had used the disbursement for purpose other than the construction of petroleum facilities for which it was requested from him by the DIS.
He pointed out that even if he knew, it was not established that he knew that the purpose for which it was actually used would not be in the public interest.
Kgosietsile Ngakaagae represented Bakang while Busang Manewe represented the State.
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