Iuze Mukube
Walter Mostert, a former magistrate accused of fraud, will stay in police detention after Judges Claudia Classen and Herman January dismissed his appeal for refusal of bail in the High Court yesterday.
This followed the regional court’s refusal to allow him to be released on bail.
Mostert is charged with 12 counts and various alternative charges under the Anti-Corruption Act, Prevention of Organised Crime Act, Immigration Act, fraud, extortion, and theft.
He had sought bail before the regional court, but it was denied because it was deemed that granting him bail would not be in the interest of justice and that there was a chance he would abscond.
Claasen and January concurred that the regional court’s presiding magistrate’s decision to deny bail could not be viewed as a misdirection or an improper use of discretion.
The argument focused on the state’s strong case, Mostert’s significant danger of escaping, and his potential to tamper with witnesses or evidence if he were to be released on bail.
In the end, these considerations supported the judge’s conclusion that granting the appellant bail would not be in the interests of administration of justice. In the matter, it is alleged that Mostert, between the period of 2012 and 2013, had worked in cahoots with other co-accused assisting a South African family to obtain Namibian identity documents illegally.
He allegedly provided false paperwork to the Ministry of Home Affairs claiming that the parents and members of that family were born in Usakos.
Furthermore, he allegedly demanded N$90 000 in 2013 to prevent the arrest of those who had stayed in Namibia for longer than was permitted.
Additionally, he allegedly deceitfully got an additional N$250 000 from a person, claiming that the funds would support that person’s application for permanent residence in Namibia.
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