The lawyer representing Motlhaleemang Moalosi in the Sebina phone hacking case has torn evidence presented by a police forensic expert to shreds.
Moalosi is accused of hacking into Assistant Minister of Education and skills development, Fidelis Molao’s Facebook account. The alleged hacking associated the junior minister with a raging scandal in which ruling Botswana Democratic Party (BDP) councilor for Sebina Kemmonye Amon impregnated a 16-year-old schoolgirl.
Moalosi, an activist for the Botswana Congress Party (BCP) has since filed an application with the High court demanding his laptop that has since been confiscated by the police as evidence. During a court appearance on Thursday, Moalosi’s lawyer Owen Nsala dismissed the evidence presented before court by police forensic expert Nonofo Dichabe after the witness (Dichabe) linked Moalosi to the scandalous hacking incident.
As part of his submissions before Francistown High Court Judge, Barnabas Nyamadzabo, Nsala said that Dichabe failed to attach his qualification or certification to convince the court that he is a competent expert and credible witness. “If he was so qualified, he could have annexed his qualifications and demonstrate to the court that he is indeed a credible witness,” Nsala argued. “Dichabe does not give court confidence that he is qualified to use and operate the data forensic equipment, which he claims to have used in linking the applicant to the hacking incident.”
Nsala further argued that while the witness claims the conversation was created and accessed in the laptop, there was evidence before court that the purported Facebook conversation was sent from a mobile phone. Detective Senior Superintendent Sergeant Marapo is cited as the first respondent while the second respondent is the Attorney General in the matter. Judgment is expected on 29th July.