Windhoek
The trial of Cameroonian-born businessman Antoine ‘Tony’ Mbok, 38, and his co-accused Daniel David Nghiwilepo, 40, continues to be hampered by setbacks and delays. The trial seemingly cannot get off the ground, as it was yet again postponed due to unforeseen circumstances.
It was set down for last week, but an illness befell the State counsel and his doctor recommended bed rest. Prior to that the trial was halted when Nghiwilepo’s defense team – consisting of Senior Counsel Louis Botes assisted by Boris Isaacks – objected to the admissibility of various voice recordings Veronika Kituna Thomas allegedly made of conversations she had with Nghiwilepo.
Since no dates were available in the near future Judge Nate Ndauendapo postponed the matter to September 27. When the State, represented by State Advocate Shakwa Nyambe, wanted to consult further with Thomas, Botes and Isaacks objected, saying it was highly compromising to the defence for the State to consult a witness being cross-examined.
Judge Ndauendapo agreed with the defense and gave the State an opportunity to find authorities that allow the State such an opportunity, but they could not find any and the judge then suggested they proceed with other witnesses in the interim. However, medical frailties intervened and the case was again postponed.
The issue of the recordings came to light during cross-examination by Mbok’s State-funded lawyer, Bronell Uirab, when Thomas revealed that she recorded her conversations with Nghiwilepo on at least four occasions on behalf of the Anti -Corruption Commission.
Thomas already pleaded guilty to five counts of corruptly using her office at the Ministry of Finance and her position for self-gratification at the start of the trial before High Court Judge Alfred Siboleka in February 2012 and was sentenced to an effective eight years imprisonment.
The trial has now been stalled, as “a trial within a trial” has to be conducted to determine the admissibility of these recordings.
At the time Botes told the court his client, Nghiwilepo, disputes the admissibility of the recordings as it constitutes an unlawful breach of a cluster of his rights to a fair trial. In addition, he said, it infringes on his right to privacy as guaranteed by the Constitution.
He further said the manner in which the evidence was obtained and the deliberate withholding of the evidence from his client by the State and/or the investigating team is a direct and impermissible infringement on Nghiwilepo’s rights.
For his part Uirab informed the court that he does not object to the evidence per se, but wants the admissibility issue sorted out as soon as possible. Nghiwilepo and Mbok, in his personal capacity and as the sole representative of his corporation, Mfinance, pleaded not guilty to charges of fraud and corruption involving N$3.9 million in March last year.