WINDHOEK – Judge Alfred Siboleka dismissed the Prosecutor General’s appeal against the acquittal of Esmereel Homses in the Windhoek High Court.
Judge Siboleka found Homses not guilty on 17 charges relating to fraud or alternatively theft by false pretences in November 2012. She was however convicted on 12 other charges out of the total of 29 charges that she faced. Homses who was employed as a manager in the legal department of Santam Namibia faced 29 charges of fraud, alternatively theft by false pretences or theft. She was accused of defrauding the insurance giant to the tune of N$1 149 066.62 between June 2005 and January 2008.
Judge Siboleka sentenced Homses to six years in prison of which three years are suspended for five years on condition that she is not convicted of fraud during the period of suspension on January 14 last year. All 12 counts were taken together for the purpose of sentencing. In the appeal judgement, Judge Siboleka said that in our criminal justice system an accused’s guilt must be proven beyond reasonable doubt. He said the court’s reference to Homses’ fraudulent mindset in the verdict cannot be understood to mean that she was guilty as charged on all counts. According to the judge no proof was placed before the court to show that payments were made in full and final settlement on the claims related to the acquittals in order to make further payments on them.
The judge further said that Homses was correctly acquitted on the mentioned charges as a result of the reasonable doubt that was not displaced by the prosecution witnesses. According to Judge Siboleka not all the alleged beneficiaries on the various claims testified and neither was there evidence to show that they don’t exist and are therefore fictitious.
Homses was represented by Sisa Namandje and the State by State Advocate Ed Marondedze.
By Roland Routh