New Twist In The Debswana P110m Legal Battle

Infotrac Protest Sparks Back-and-Forth with Armstrongs Carr-Hartley says Motshidisi’s protest is “actually contemptuous” Motshidisi of Infotrac rebuts that the Debswana lawyer is missing the point Lawyers representing Debswana Diamond Company, Armstrongs, are not backing down despite facing harsh criticism arising from alleged conflict of interest in the ongoing P110 million case. In a strongly-worded replying affidavit in response to the Director of Infotrac Mompoloki Motshidisi’s claims of conflict of interest, partner at Armstrongs, John Carr-Hartley, says: [ihc-hide-content ihc_mb_type="show" ihc_mb_who="1,2,3,4" ihc_mb_template="1" ] “I take great exception to the insinuation that there is an improper relationship between myself and judge (Lakhvinder Singh) Walia.” Contention In papers before court, Motshidisi’s bone of contention is that Justice Walia’s wife works at Armstrongs and is Carr-Hartley’s secretary and he should have recused himself from hearing the Debswana appeal. The diamond giant was appealing a High Court judgement in favour of Motshidisi-that he was owed P110 million by Debswana. But Carr-Hartley did not take kindly to claims by Motshidisi that since he is the employer of Walia’s wife, he is conflicted. “I further take great exception to the insinuation that Mrs Walia would discuss any matter with Judge Walia,” he protests in his affidavit. “Furthermore, when there is an appeal (irrespective of whether I am acting for the appellant or the respondent) I type all documents pertaining to the appeal myself, in case Judge Walia is empanelled to hear the Appeal. Permission “I do this so that there can be no allegation that Mrs Walia might have, unprofessionally, passed on information to Judge Walia. I did the same in this appeal. “I admit that Mrs Theresa Walia is my secretary and has been so for many years. When Judge Walia ascended to the Bench, permission was sought from the then Chief Justice for Mrs Walia to remain as my secretary. My relationship with Judge Walia is purely professional.” According to Carr-Hartley, Theresa did not type a single document relating to the appeal proceedings in the matter, save for the Power of Attorney and Resolution. “She did not type the Notice and Grounds of Appeal nor the Heads of Argument,” he asserts. “Mrs Walia only typed documents during the High Court proceedings. Judge Walia is further not a client of mine nor Armstrongs. Supposition “The issue of Judge Walia hearing appeals in which I am the attorney for one of the parties has already been dealt with by this Honourable Court in the case of Mogale v Motor Vehicle Accident Fund 2016 (1) BLR 458 CA, in a Judgment by Lord Hamilton JA.” As a result, he denies “each and every allegation (save those admitted) as if specifically traversed and the applicant is put to the proof thereof.” Carr-Hartely says allegations by Motshidisi that Judge Walia and Mrs Walia discuss matters is pure supposition. “It is actually contemptuous,” he writes in his affidavit. “In addition, I am advised by Mrs Walia that she does not discuss any matters in which Armstrongs (and particularly myself) might be involved, especially appeals. Furthermore, because Mrs Walia did not type any of the documents pertaining to this appeal, she could not pass on any information to Judge Walia.” Integrity Theresa Walia states in her supporting affidavit that she had not discussed the arguments or grounds of appeal with Carr- Hartley. “I have no knowledge of the arguments which are contained in the Heads of Argument,” she says. “I have not discussed anything whatsoever to do with this appeal with my husband, Judge Walia, nor Mr Carr-Hartley; because I do not know anything about the Grounds of Appeal, nor the arguments which were intended to be advanced, I cannot have shared any information in relation thereto with Judge Walia. “I would not compromise my own integrity, nor that of my husband (Judge Walia) nor that of Mr Carr-Hartley by discussing anything to do with any matter, whether a matter in the High Court or the Court of Appeal.” In his affidavit, Motshidisi argues that “While the measures allegedly taken to restrict passage of information between Theresa Walia and Justice Walia JA would be commendable, if this is true (no one has any way of verifying this), such measures do not remove the risk because once the papers are filed, it is not said that Mrs Walia will have no access whatsoever to such documents.” Unabated “The risk that Mr. Carr-Hartley has so intelligently identified unfortunately remains unabated, even after he types all documents, if the strategy ends there,” he says. He also states that he can only assume that it ends there “because nothing more is said about how Mrs. Walia is thereafter restricted from accessing the typed and printed information.” “The Affidavit deposed to by Mrs. Walia adds no value to this application. The debate is not whether or not information was indeed passed between her and her husband,” says Motshidisi. The debate, he asserts, is whether or not her employment at Armstrongs, “in light of her obvious and natural access to information in relation to the case (even if she did not type that information) and Walia JA's hostility to Mr. (Kgosi) Ngakaagae (Motshidisi’s erstwhile attorney) during the hearing of the Appeal, raises a reasonable apprehension of bias on the part of Walia J.A.” Motshidisi says Theresa Walia’s “husband is seized with the Appeal. Certainly, the fact that his wife is now a witness in this case now disqualifies Walia JA automatically from further participation in the Appeal.” [/ihc-hide-content]

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New Twist In The Debswana P110m Legal Battle

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