WINDHOEK – The sentence against Chinese national and naturalised Namibian Ming Deng was set aside on Monday in the High Court on appeal.
Appeal judges Nate Ndauendapo and Naomi Shivute further ordered the US$67 000 that was forfeited to the State must be returned to Ming.
She was arrested on January 19, 2010 at Hosea Kutako Airport when a search was conducted on her after a police officer saw something protruding from her back.
The money was found wrapped around her waist. She was charged and convicted of exporting foreign currency without permission and sentenced to pay a fine of N$20 000 or three years’ imprisonment.
She paid the fine but appealed against her conviction.
The appeal judges found the court erred when it found that Ming did not have the authorisation to take the money out of the country.
According to the judges Ming as a permanent resident of Namibia was allowed to take out foreign currency equivalent of N$500 000 and that no evidence was adduced the US$67 000 exceeded that amount.