Dick Bayford, lawyer for the Sunday Standard, warned Botswana President
Ian Khama of the repercussions were he to continue with the case
against the paper, writes Tshireletso Motogelwa in Mmegi.
Addressing a press conference yesterday on the John Kalafatis post-mortem report, Bayford of Bayford and Associates, , flanked by Duma Boko of Duma Boko & Company who is the co-lawyer in the Kalafatis murder investigation case, explained the civil case to the press. Kalafatis was murdered in cold blood about three weeks ago.
Bayford said that the president could proceed with his case but he warned him that by doing so, he would be overturning the protection from litigation he gets from the constitution. The constitution protects the president from prosecution during his term in office and without it, he is no longer immune from any counter-litigation, were he to proceed with suing the paper.
The lawyer further warned the president that, in the event that he sues the paper, Khama would be subject to be subpoenaed to court as a witness, and if he declined he may be arrested. In conclusion, he indirectly warned the president that he would have to be cross-examined and his character put to the test in an open court, through which the president would need to defend himself.
Khama was recently reported to be preparing to sue the Sunday Standard after it carried a story on the killing of Kalafatis alleging the involvement of the president. The president was said to have asked his lawyers Collins Newman & Company to start the litigation process.
