Former Ondangwa-based magistrate Liwena Walter Mikiti was acquitted on all charges on Tuesday after he applied for a section 174 discharge. 

He was accused of duping insurance giant Santam Namibia out of N$234 555 in fraudulent insurance claims. 

He pleaded not guilty to the charges when his trial started in November 2021. 

He did not enter a plea explanation, and only confirmed his not guilty pleas through a Section 115 plea, read into the record by then-legal representative advocate Slysken Makando. 

The 115 pleas state that he put the proof of all the allegations on the State, and made use of his right to remain silent. 

The charges emanate from an alleged car insurance fraud committed during June 2014. 

The charge sheet states that Mikiti was the owner of a 2009 Mercedes Benz C180K BE Classic that was insured by Santam Namibia through Welwitchia Insurance Brokers. 

The vehicle was involved in a chain collision with three other vehicles on the Oshakati main road near Oneshila on 13 June 2014 and sustained minor damages, but could still be driven afterwards. 

However, the indictment reads that Mikiti submitted a claim that indicated the accident occurred on 14 June 2014, and that his motor vehicle sustained extensive damages that rendered it a total write-off. 

It was further alleged that he used the particulars of the accident of 13 June 2014 and the accident report issued for that accident when he claimed from the insurance. 

The State said it was based on those particulars that Santam paid Mikiti the total sum. 

He misrepresented to Santam that his motor-vehicle was involved in an accident on 14 June, and not 13 June 2014. 

He said it sustained damages beyond economical repairs, that it was a 2010 model instead of a 2009 model, that the other party in the accident was a Johannes Kaujeua, that the accident scene on the 14th was attended by a police officer, and that he was entitled to claim from his insurance. 

The State alleged that he did this while he knew the damages that caused his vehicle to a write-off was not sustained during the accident of 13 June 2014, and that he made alterations to the accident report prepared on 13 June. 

In discharging Mikiti, Judge Eileen Rakow found that there is no evidence that he was the person who changed the date and vehicle model on the copy of the accident report. 

The judge added that there is no evidence that Mikiti had any  knowledge that the document was in fact changed. 

Judge Rakow considered the evidence presented as well as the arguments presented by the parties, and found that there is not enough evidence on which a court might convict. 

“Evidence presented to the court clearly stated that the initial accident took place on 13 June 2014 – and not 14 June 2014,” the judge remarked. 

The judge continued: “The court, however, has identified a problem with the said date, as the accused presented the court with a court book indicating that he was busy with court duties at his duty station, which was a number of kilometres away from the accident scene”. 

The second issue with the evidence was that “the accused presented phone records to the court of his cellphone as well as the towers through which his cellphone operated at certain times – and nowhere did we find the cellphone numbers of Mr Fanyki or Mr Lulli – two State witnesses – during the evening of 14 June 2014,” said the judge. 

Rakow said this shows that there is no information that the accused made calls from his cellphone to these numbers to plan for his vehicle to be transported to Northern Panel Beaters in Tsumeb. 

All these findings can lead to only one conclusion, Judge Rakow stated, and that is that the accused must be found not guilty and discharged. 

– rrouth@nepc.com.na