Mmegi Online·3 min read·medium

Where is the reward? Moagi questions state's P4.7 million corruption case

L
Larona Makhaiza
Where is the reward? Moagi questions state's P4.7 million corruption case
AI Summary

Former minister Moagi is facing corruption and money laundering charges in Botswana regarding alleged kickbacks for prospecting licenses. His defense team is arguing that the prosecution has failed to provide evidence that the funds were rewards rather than loans.

Prosecutors state in the charge sheet that on or about April 17, 2024, the former minister accepted P4.7 million from New Energy Company (Pty) Ltd, via Wisecreatives Investments Pty Ltd. They argue this was a reward for issuing prospecting licences in Gantsi, Tsabong, and Tutume to New Energy. In the second case, Moagi faces two counts of corruption and money laundering. Making submissions before Regional Magistrate yesterday in a no case to answer application, Tengo Rubadiri, Moagi’s attorney told the court that prosecution had failed to adduce evidence showing that money allegedly channeled through Wisecreatives was a reward for granting of eight licenses.Rubadiri premised his argument on the warn-and-caution statement by Zheng Li, which was admitted as an exhibit despite him (Zheng Li) not testifying. Defence counsel said Zheng confirmed that he was the sole director and sole shareholder of Wisecreatives and therefor the only person capable of explaining transactions reflected on the company bank accouht “The only person who could explain why, in the Wisecreatives account, every single entry was recorded as a loan, whether from New Energy, Ryders or any entity was Zheng Li.” Counsel argued.Rubadiri also argued that every deposit reflected in the bank records was labelled as a loan, adding that there was nothing before court suggesting otherwise.“There is no evidence on record that says New Energy has given a reward. Its logic, plain and simple. It should be clear here is a reward from New Energy, that’s it must say,” he said. The defence further argued that prosecution failed to establish that that the alleged P4 million was ever under Moagi’s control.“There is no evidence that the P4 million was at the disposal of my client. We only know that a P2 million mark was hit,” Rubadiri said. Rubadiri also referred to the testimony of Matlhogonolo Samuel, who participated in the assessment of the prospecting license applications, arguing that his evidence did not support State’s allegations of corruption.“We submit that there is no reward for the licenses. It just doesn’t make sense,” he said. He further said the State failed to bring forth any witness who could bring clarity why the money received through Wisecreatives was intended as a reward for licenses granted by Moagi.“There is no evidence or testimony that we can say, therefore this was a reward,” he said. The defence also criticized the testimony of investigatingoOfficer Ngiye Ngiye arguing that he did not show the relationship between the three companies entangled in the corruption case.“He indicates that he cannot establish a relationship between three companies. No such evidence was led, as he used the word ‘might’,” he said. Rubadiri also argued Wisecreatives was not the one granted the eight prospecting licenses and Moagi cannot be held liable for that. “There is no suggestion that Wisecreatives was given licenses. That is the charge, and this is what we are here to deal with,” he said.

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