Iuze Mukube
Windhoek High Court Judge Naomi Shivute yesterday struck an application by the State that sought leave to appeal against the bail granted to Cornelius Cedric Willemse.
Shivute found the time lapsed for the duration that the State was given to file its heads of argument.
State advocate Basson Lilungwe indicated that due to the appeal hearing of Peter Elindi and others last week, the State was unable to file its papers on time.
He asked for an opportunity to be able to file the heads.
However, the Judge struck the matter from the roll and for the State to start afresh.
The State was seeking leave to appeal the bail decision that was granted to former Namcor executive Willemse.
The State argued the magistrate misdirected herself on the evidence and failed to give due weight to the broader public interest, particularly the alleged impact of the scheme on Namcor.
It contends that Willemse, while serving as a member of Namcor’s credit committee, facilitated the supply of fuel to companies that had extended their credit limits, hence contravening internal policies.
It further argues that large sums were deposited into Willemse’s bank accounts following asset purchases and increases in credit limits. The State argues it has a prima facie case with a high likelihood the accused will be convicted.
Willemse got bail to the amount of N$200 000 in October last year.
The Magistrate, Olga Muharukua, who presided over the matter, found that Willemse may have a plausible explanation for the sums of money deposited into his bank accounts.
Willemse testified that the monies deposited into his account come from meat sold from his farm as well as logistics services provided by a close corporation of which he is a member.
The Magistrate stated that the accused’s continued detention would not be in the interest of justice, further noting that he intends to plead not guilty to all charges against him.
She granted Willemse bail on condition that he reports every weekday, from Monday to Friday, at the Okahandja Police Station.
He was also ordered to surrender all his travel documents to the investigating officer, not to leave the district of Windhoek without permission, and not to interfere with State witnesses in the matter, the magistrate ordered.
Willemse is facing 10 charges, including counts of fraud, corruptly using an office or position for gratification, corruptly accepting gratification, money laundering and failing to pay tax.
The matter was slotted for hearing yesterday, but it was struck from the roll. The State is expected to reapply for the application.
Photo: Heather Erdmann