Windhoek
The matter in which former Namibia Wildlife Resorts (NWR) managing director Tobie Aupindi and co-accused businessman Antonio di Savino face two counts – one of allegedly providing false information to an Anti-Corruption Commission (ACC) officer and the other of attempting to defeat or obstruct the course of justice – could not proceed yesterday.
The reason was because the ruling from the High Court on whether or not magistrate Helvi Shilemba should recuse herself from the hearing was still pending. The matter was remanded to July 20.
The case has been dragging on in the courts for about four years now.
The two last appeared in the Windhoek Magistrate’s Court before magistrate Jermaine Muchali on July 23 last year and the matter was remanded to January 20 this year.
The charges stem from accusations that Di Savino had built a N$50 000 swimming pool at Aupindi’s house in Hochland Park in return for lucrative tenders from NWR, which Aupindi headed at the time. Both men pleaded not guilty when their trial started in February 2012. The State alleges the pool was paid for by Di Savino, as a gift for a contract he received from NWR.
The judgment was due to be handed down by Acting High Court Judge Kobus Miller last year, but is still pending.
On October 14, 2013, lawyers Louis du Pisani and Richard Metcalfe, representing the two accused in the corruption trial in the Windhoek Magistrate’s Court, approached the Windhoek High Court with an urgent application.
They requested the court to issue an order for the recusal of magistrate Shilemba from the trial.
The two defence lawyers wanted the proceedings in the magistrate’s court “set aside with immediate effect and for the two accused to be acquitted on all the charges preferred against them in the proceedings”.
The defence team further wanted the High Court to decide on whether magistrate Shilemba should recuse herself from presiding in the matter, and that “any decision taken by her not to recuse herself as presiding magistrate in the proceedings be substituted” by the decision taken by the High Court.
The defence team demanded that Shilemba and prosecutor Arrie Husselman recuse themselves from the case, alleging they were “unfair” to their clients.
The defence team made the request after a private investigator, Larky McKay, made shocking revelations that Husselman allegedly wanted to see Aupindi in jail. The revelations come from affidavits taken from witnesses who were party to the alleged plot. According to the private investigator, Husselman said he would like to see Aupindi go to jail “even if it’s for six months”.
“He thinks he sh*ts ice cream,” Husselman allegedly said, according to affidavits read in court by the private investigator in February 2013.
In July 2013, Shilemba decided she was not going to recuse herself. Metcalfe then informed the court that he “refuses to continue with this injustice”.
He added that he was withdrawing from the matter and that the court could not force him to continue.
“If this is what the justice system in Namibia has become, may God bless Namibia,” he said, before walking out of the courtroom.
Husselman recused himself from the matter. Magistrate Ndapewa Amadhila presided yesterday. Erastus Hatutale represented the State.