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NEWS > 28 May 2007

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Onalaska mayor backs police ch
Onalaska Mayor Jim Bialecki publically voiced his support Wednesday for Police Chief Randy Williams, a day after a special prosecutor declined to seek charges against the chief in a witness-tampering complaint filed by his officers.

At a press conference Wednesday morning, Bialecki praised the outcome and said Williams will remain with the city despite the continuing disputes in the department.

“I am very pleased Chief Williams has been completely exonerated of any and all allegations of wrongdoing,” Bialecki said.

Juneau County District Attorney Scott Harold S... Read more

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Mmegi - Gaberones,Botswana
28 May 2007
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Prosecution Of 'Corrupt' Cops

FRANCISTOWN: Justice John Mosojane has ordered that the intended prosecution by the state of two traffic officers accused of corruption be declared unconstitutional. The two police officers Jeffrey Sekga and Obakeng Kebuang were facing a count of corruption in respect of an official transaction.


It was alleged that on December 30, 2003 in Tutume, the two accused persons, acting together and with the common purpose corruptly accepted the sum of P2,000 from Beevin Lekhutlile as an inducement or reward for forbearing to charge one Kagiso Madala for drunken driving.

Upon hearing attorney Morris Ndawana of Ndawana and Company representing the applicants and attorney Maipelo Moupo from the Attorney General's Chambers and having read the documents filed of record, Justice Mosojane ruled that there has been unreasonable delay in prosecuting the accused persons from the date the charges were laid against them such that their constitutional rights to be tried within a reasonable time as provided for under Section 10 (1) of the Constitution have been infringed upon.
"The prosecution is hereby stayed permanently and the appellants are hereby acquitted and discharged. The respondent is to pay costs of this application on attorney/client scale," ordered the Francistown Judge President. The respondent's heads of argument filed were that the applicants in the instant matter, have applied for an order staying of prosecution on charges of contravening the provisions of Section 25 (1) as read with Section 36 of the Corruption and Economic Act.

Moupo also stated that the applicants are police officers stationed at Tutume Police Station under the traffic branch. She stated that on December 28, 2003 Madala rammed into a bus shelter at night, whilst driving along Sebina-Makaleng road. "He was taken to Tutume Police Station by the applicants where he was breathalysed and informed that the results indicated that the alcohol content on his breath exceeded the legal limit," she wrote.

She added that Madala was informed by the applicants that the charges against him were serious but if he paid them P4,000, they would ensure the charges would be dropped. On December 30, 2003 Madala and his uncle Lekhutlile, went to see the applicants at Tutume Police Station and paid P2,000, and promised to pay the balance at a later date.

Moupo said Madala reported the matter to the Officer Commanding No. 1 District, Boikhutso Dintwa. She said an arrangement was made for January 23, 2004 to effect the final payment. "On the appointed day Dintwa gave Madala P2,000 in marked bills. Madala met the first applicant Sekga at a parking lot in Francistown where he handed him the money in a police vehicle. The first applicant was arrested by Dintwa immediately after he received the money."

Moupo said the application was premised on the grounds that they have been denied the right to be tried within a reasonable time, therefore, the applicants' right to a fair trial within a reasonable time, as guaranteed in the constitution has been violated.
"This, we submit, is undoubtedly a charge of a serious nature, ... we are concerned with a lapse in time of 2 years 10 months, standing on its own, would normally not be presumptively prejudicial. There are systematic problems inherent in our yet developing judiciary, which is beset by numerous manpower as well as logistical problems. We do concede that there has been delay in the prosecution of the matter. However, it is our humble submission that this alone doesn't and shouldn't entitle the applicants to have the charges against them permanently stayed," Moupo reasoned.

She further outlined the factors the applicants cited as having prejudiced them to an extent that would render their trial unfair should the prosecution be allowed to stand. That as human beings, mortals with no infallible memories, they have since lost track of their defences as the evidence keeps fading. Moupo said the applicants also stated that there was a witness, one Richard Ntane, who was going to give evidence on their behalf but that he is since deceased.

"We do make our concession very much aware that the charges, though not complex, are rather of a serious nature. However, the circumstances of the instant matter, wholly viewed, do not avail us any reasons for opposition, hence our concession," she pointed out.
 

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