Maria Amakali
WINDHOEK – Former aide to the late veteran icon Andimba Toivo ya Toivo denied guilt to allegations that he stole from his employer when he took the stand in Windhoek Magistrate’s Court on Monday.
Elia Shoopala Kapofi 49, stand accused of stealing by intentionally withdrawing more than N$71 000 from the late ya Toivo’s account last year.
Kapofi made his first appearance in court after his case was placed back on the court’s roll following it being provisionally withdrawn. The court provisionally withdrew Kapofi’s theft case from the court’s roll in March following the States’ in ability to establish the whereabouts of his criminal docket.
Kapofi denied any wrong doing when he took his preliminary plea before Magistrate Mwilima Mwilima.
Court documents indicates that Kapofi is facing a charge of fraud and theft. The fraud charge emanates from the period between February 03 and June 10, 2017. The prosecution is alleging that Kapofi falsely and with intent defrauded and pretended to the First National Bank that he was a government employee, working under ya Toivo in order to make unauthorised withdrawals from yaToivo’s personal banking account.
“The accused did then by means of false pretense induce First National Bank to pay a total sum of N$71 700 at the actual loss of FNB and Vicki Erestein ya Toivo the late’s widow,” according to the charge sheet. The accused allegedly knew well that he was not authorised to withdraw from the late’s account, thus committing the offense of fraud and theft.
Kapofi’s defense attorney Samson Enkali said Kapofi will take a vow of silence and will not tender any plea explanation. Further stating that the onus is on the state to prove the allegations leveled against Kapofi.
It is alleged that Kapofi having been ya Toivo’s aid for a very long time, withdrew the money illegally months before ya Toivo’s passing in June 2017. It is further alleged that Kapofi was trusted with the deceased banking details that on occasions he would withdraw money for the late’s household expenses.
State prosecutor Tatelo Lusepani informed the court that the state will resubmit Kapofi’s docket to the Prosecutor General to pronounce herself in the matter. The Prosecutor General would have to decide if Kapofi should be prosecuted or not and if so where he is to be trialed and on what charges.
Having heard the preliminary plea, the court warned Kapofi to return to court on June 29 following a postponement for the Prosecutor General’s decision.