WINDHOEK – The defence team of former Managing Director of Namibia Wildlife Resorts (NWR) Tobie Aupindi and Italian national Antonio di Savino, who both face corruption charges want a special review of the case by the High Court in order to confirm whether any irregularities occurred during the protracted legal matter.
The defence team, Advocate Richard Metcalfe, representing Aupindi and Louis Du Pisani representing Di Savino in court papers filed with the High Court, want the proceedings held in the Windhoek Magistrate’s Court “set aside with immediate effect and for the two accused to be acquitted on all the charges preferred against them in the proceedings.” The defence team further wants the High Court to decide on whether magistrate Helvi Shilemba should recuse herself from presiding in the matter, and that “any decision taken by her not to recuse herself as presiding magistrate in the proceedings be substituted,” by the decision taken by the High Court. Magistrate Helvi Shilemba is cited as the first respondent, Prosecutor Arrie Husselman as the second respondent, and the Minister of Justice as the third respondent. Other respondents include the Chairperson of the Magistrates Commission, the Prosecutor General, the Director of the Anti-Corruption Commission, the Inspector General of the Namibian Police, as well as the Attorney General.
In February this year the defence team of Aupindi and Di Savino demanded that Shilemba and Husselman recuse themselves from the case, alleging that they were ‘unfair’ to their clients. The defence team made the request after a private investigator, Larky McKay, revealed shocking revelations that Husselman allegedly wanted to see Aupindi in jail. The revelations come from affidavits taken from witnesses who were party to the alleged plot. According to the private investigator, Husselman said he would like to see Tobie go to jail even for a short while, even six months. “He thinks he sh*ts ice cream,” Husselman allegedly said, according to affidavits read in court by the private investigator in February. In July, Magistrate Shilemba decided she was not going to recuse herself. Metcalfe then informed the court that he “refuses to continue with this injustice.” He added that he was withdrawing and that the court cannot force him to continue. “If this is what the justice system in Namibia has become, may God bless Namibia,” he added.
Metcalfe then walked out of the courtroom. Before walking out of the courtroom, Metcalfe informed the court that “nobody is saying the allegations are true, but they have created suspicion in the minds of the accuse and the public.” The advocate added that the magistrate could not be the judge in her own matter. Aupindi and Di Savino face two counts – one for allegedly providing false information to an authorised officer and another for attempting to defeat or obstruct the course of justice. This comes after accusations that Di Savino had built a N$50 000 swimming pool at Aupindi’s house in Hochland Park in return for lucrative tenders from Namibia Wildlife Resorts (NWR), which Aupindi headed at the time. Both men pleaded not guilty when their trial started in February last year. The State alleges the pool was paid for by Di Savino, as a gift for a contract he received from NWR. The matter was remanded to January 24, 2014 in the Windhoek Magistrate’s Court on Friday.
By Tunomukwathi Asino