The lawyer of a woman accused of defrauding a private school in Windhoek of more than N$2.8 million has argued that her client was not in full control when she committed the alleged crimes.

Janita von Wielligh, representing 52-year-old Maria Johanna Coetzee, told the court that psychiatrists who examined her client found that she suffered from a mental illness that impaired her concentration and caused her to lack complete control over her faculties.

She argued that the State, represented by Timo Itula, had not fully discharged its onus to prove the charges Coetzee denied.

Von Wielligh conceded that Coetzee is guilty of money laundering on the charges she admitted.

She argued that the charge should only cover possession of proceeds of criminal activity, not dealing in them.

While both psychiatric reports indicated that Coetzee appreciated the wrongfulness of her actions, Von Wielligh maintained that her mental state played a significant role and should be considered by the court.

She added that, according to legal authorities, fraud does not necessarily constitute money laundering.

She argued that the State failed to prove beyond a reasonable doubt that Coetzee was guilty of the charges she denied and should therefore be acquitted on those counts.

Itula argued that the prosecution proved beyond a reasonable doubt that Coetzee intentionally and knowingly engaged in unlawful transactions.

She transferred N$2.8 million from the school’s accounts into her personal accounts and disguised the transfers as legitimate payments to creditors.

Itula stated that it is undisputed that Coetzee stole the money and transferred it between accounts for personal use, fully aware that it was the proceeds of a crime.

He said this constitutes money laundering.

Itula added that the State’s witnesses were credible and consistent, whereas Coetzee changed her version, deflected questions and often indicated that she did not understand basic queries during cross-examination, demonstrating low credibility.

Coetzee pleaded guilty to 13 of the 18 charges at the start of her trial before Windhoek High Court Acting Judge Makapa Simasiku in May this year.

In a written plea explanation, she admitted to being addicted to online gambling and using the money to sustain her addiction.

Coetzee had been released on N$10 000 bail since March 2019, but fled Namibia during the trial.

She was eventually tracked down in Pretoria, South Africa, and extradited last year.

She is accused of defrauding the Windhoek International School, where she was employed as financial manager, by transferring more than N$2.8 million from the school’s account into three accounts in her own name.

The State alleges that Coetzee attempted to transfer N$3.38 million.

Six transactions were declined.

The alleged fraud and money laundering took place between March and October 2018 and was discovered on 23 October 2018 by the school board’s treasurer Francois Aylot. Coetzee allegedly disguised the unauthorised electronic transfers as legitimate payments to creditors.

– rrouth@nepc.com.na