Former Debswana managing director, Louis Nchindo has filed an urgent application at the High Court asking to be heard on Monday to 'freeze' the criminal trial in which he and others face 36 charges of corruption.
This follows an order by Regional Magistrate, Lot Moroka, directing Nchindo, his son Garvas and former Debswana employees, Joseph Matome and Jacob Sesinyi, to appear for mention on June 29 before trial commences on July 6.
In his affidavit served yesterday to the Director of Public Prosecutions, Leatile Dambe, Nchindo says that he wants the case postponed and he does not want to plead until Justice Maruping Dibotelo has listened to his other case on July 13 and 14.
According to Nchindo's lawyers, their clients might not get a fair trial if the criminal trial resumes before the case before Dibotelo is heard.
According to Nchindo, the DPP and the Directorate on Corruption and Economic Crime (DCEC) have repeatedly breached undertakings to furnish Nchindo and his co-accused with documentary evidence and witness statements.
"The failure to furnish such statements by March 26, 2009 as ordered by Magistrate Moroka is yet a further example of the cavalier approach adopted by the prosecution to the rights of the applicants," says Nchindo.
Nchindo 's lawyers contend that a look at the chronology of the case shows that the delay of the case cannot be attributed to the accused, but rather, to the prosecution.
Nchindo says that the prosecution has failed to comply with orders by Moroka relating to further particulars.
Nchindo says that the case should be postponed because the defence needs time to go over documentary evidence.
"In all the circumstances, for the DPP now to take the view that she wants the trial to proceed - notwithstanding precluding the accused from being able to commence - borders on the cynical," the affidavit says.
