Iuze Mukube
Windhoek High Court Judge Eileen Rakow yesterday found a couple guilty of fraud, theft and money laundering in connection with the theft of N$9.9 million from bus company Ekonolux.
The conviction follows the guilty pleas tendered yesterday by partners Amanda Elizabeth Janties (58) and Barnard Christopher Janties (60), as well as the close corporation Bareli Building Services, to more than 2 000 charges.
Bareli Building Services CC is solely owned by Barnard.
Amanda initially faced 873 counts of fraud, 876 counts of theft, and 871 counts of money laundering.
However, the theft counts were set aside on the grounds that they duplicated the fraud charges.
Meanwhile, Barnard faced 876 counts of theft and 871 counts of money laundering, while the close corporation faced 127 counts of theft and 125 counts of money laundering.
The State alleges that Amanda, while employed as a bookkeeper at Ekonolux CC, made payments to her personal account, the total amount of N$9.9 million, belonging to the company, during the period from January 2014 to November 2018.
The State claims these payments were diverted for her and the co-accused’s benefit, not for business operations, and that she failed to keep proper accounts of such payments.
Of that sum, N$3.4 million was paid into the bank account of the close corporation, Bareli Building Services.
The State also alleges that neither Barnard nor the close corporation rendered any services or sold any goods to the bus company to justify such payments.
Amanda pleaded guilty to the fraud charges, admitting that she made and facilitated the transfer of N$9.9 million from Ekonolux’s bank account to that of her own, for her benefit and that of her co-accused husband and family members.
She admitted further that she did not keep a proper book of accounts in respect to all payments made from Ekolonux’s bank account.
She also admitted, on the money laundering charges, that she was aware that the N$9.9 million formed part of the proceeds of crime.
Amanda stated that she acted in common purpose with her husband to make said payments into her account.
“I remorsefully admit that I, my co-accused husband, and my family lived a lifestyle that was beyond our living means and this triggered the uncontrolled theft and expenditure of the money,” she admitted.
She stated she felt ashamed of her actions, bringing irreparable harm to Ekonolux, her family and society.
She added that she is remorseful for her actions and requested the court to show mercy in her sentencing.
Her husband also pleaded guilty on his behalf, as well as that of his close corporation.
He explained that he acted in common purpose with his wife and supported and agreed with her to transfer the money from Ekonolux’s bank account.
Barnard said he used the money he withdrew from his close corporation’s bank account, N$3.4 million, for personal, family and household expenses.
“I also used the money to gamble from time to time.”
He admitted that he also occasionally paid suppliers and that he did not keep proper records of accounts for the close corporation.
Bernard admitted he misused the entity’s bank account for his own unlawful gain.
The case was postponed to Thursday for sentencing proceedings.