WINDHOEK – The defence team for Teckla Lameck and her co-accused yesterday launched an application to have the bank records of Lameck, Jerobeam Kongo Mokaxwa and Yang Fan declared inadmissible as evidence in the high-profile corruption trial.
Lameck, Mokaxwa and Yang stand accused of committing fraud amounting to tens of millions of Namibian dollars. It is alleged that the trio defrauded government and the ruling party owned firm Namib Contract Haulage (NCH).
While Lameck and Mokaxwa alone are accused of defrauding NCH where they were employed, by at least US$144 000 in the purchase of four tipper trucks, they together with Yang stand accused of a slew of charges under the Anti-Corruption Act. The objections were lodged yesterday by Advocate Gerson Hinda, SC, who together with Advocate Gerson Narib instructed by Sisa Namandje represent Lameck, Mokaxwa and Yang.
According to Hinda the bank records were obtained illegally with the use of invalid summonses by one William Lloyd, an investigator of the Anti-Corruption Commission (ACC) in violation of the provisions of Section 27 of the Anti-Corruption Act 2003 (Act 8 of 2003).
He also argued that the summonses are unintelligible and that the introduction of the bank records will constitute a violation of the rights of the accused to a fair trial, as the evidence was obtained unlawfully and in violation of their rights to privacy, dignity and administrative justice. He said the accused are invoking their right to privacy, their right to a fair trial and to fair administrative action and that those rights may only be limited in accordance with the law. He said non-compliance with the pre-requisites of Section 27, alternatively failure to present evidence that Section 27 of the Act has been complied with is fatal to the State’s case and that the State may therefore not submit the banking records in this trial relating to an offence under the Anti-Corruption Act.
“The Act lays down the manner in which investigations of corrupt acts should be carried out, rendering non-compliance with its prescripts unlawful,” he emphasised. It is alleged Lameck, Mokaxwa and Yang duped government through the Ministry of Finance to pay an inflated price of US$55 348 800 for scanners to be used at airports and border posts. It is further alleged that the price was inflated by US$12 828 800 meant as ‘commission’ for Teko Trading which ‘facilitated’ the transaction. The other charges relate to running foul of the Immigration Control Act, the Prevention of Organised Crime Act and further contraventions of the Anti-Corruption Act.
Lameck faces 18 charges in total, Mokaxwa 12 and Yang 6. Lameck is charged with doing work for remuneration outside her office as a member of the Public Service Commission (PSC) by inducing the Ministry of Finance as the principal agent of the government to purchase the scanners from Nuctech, a company based in China. Advocate Danie Small requested a postponement of the trial until tomorrow to reply to the defence application, which Judge Maphios Cheda granted.
Roland Routh