Morne du Plessis (40), who is accused of committing fraud to the tune of N$4 million, was unsuccessful yesterday in his quest to be discharged in terms of Section 174 of the Criminal Procedure Act.
Windhoek High Court Acting Judge Herman January dismissed the application and put Du Plessis on his defence.
His lawyer, Boris Isaacks informed the judge they will only call one witness during the defence stage of the trial.
Du Plessis lodged the application after the State closed its case and claimed that there is no evidence before the court to sustain the charges of fraud, alternatively theft and theft by false pretences as well as money laundering.
The State alleges that Du Plessis and Nico Kisting entered into a verbal agreement that Du Plessis would supply Kisting with 1 835 000 exercise books he had to deliver to the Central Government Stores for a tender he had won.
It is further stated that Du Plessis misrepresented to Kisting that he had reliable suppliers in China and that he had the capacity to source the books and supply it on time. However, it is stated, upon receiving N$4 million, the accused spent the whole amount for his own benefit without delivering any stationery to the complainant.
Du Plessis told the court that he had no criminal intent when he used funds deposited into the account of his company – Extreme Stationery – meant to pay for 1 835 000 exercise books ordered from China.
His lawyer, Advocate James Diedericks instructed by Isaacks, told the judge that the evidence of the complainant – Kisting – was, in material part, of such poor quality and replete with inherent contradictions that it ought to be rejected. In the absence of evidence, he said, nothing remains of the alleged misrepresentations.
The matter will continue on 20 October for the defence case. State Advocate Erich Moyo represents the prosecution, and Du Plessis is free on bail.