Despite fierce arguments against a further postponement to allow for further investigations, Magistrate Monica Andjamba granted the State an inordinately long remand last week.
The case involves 11 Chinese nationals, one Ugandan, one Cuban, one Angolan and one Namibian who are accused of illegally dealing in cryptocurrency.
Defence lawyers Gilroy Kasper, Kadhila Amoomo, Vernon Lutibezi and Angelo de Souza strongly argued that a further postponement of the case would severely prejudice their clients’ rights to a speedy trial and liberty.
According to them, the police tend to first arrest, then investigate, and then rely on the courts to give them ample time to carry out their investigations.
They argued that the State had ample time to carry out their investigations but had not done so.
Public prosecutor Emma Mayavero, who stood in for Advocate Seredine Jacobs, argued that the case is complex, and involves several jurisdictions and agencies.
According to her, the matter involves transnational investigations. She further said the victims in the matter are in Europe and America, and it is not always possible to get hold of them.
Andjamba agreed with Mayavero that the matter is complex and granted the State a postponement to 17 September.
According to her, the postponement is needed for the police to finalise their investigations, and is in the interest of the administration of justice. She made it a final remand.
The defence then asked the court to release the accused not yet on bail either on warning or on mero muto bail (at the court’s discretion), with stringent bail conditions.
Mayavero, however, was opposed to this, and said the accused could apply for bail on new facts at a later stage.
The defence counsels believed the magistrate could use her judiciary discretion to grant bail, especially considering the testimony of Chief Inspector Trudie Mulokoshi that she does not oppose bail.
Mulokoshi was testifying in support of the postponement when she made the concession.
Andjamba agreed to a bail hearing on new facts, and set the date for 21 May.
The accused are Fan Jia, Guo Linzie, Tango Muulyau, Haifeng Zheng, Li Zirian, Shi Zi Jun, Domingo, Lin Shu Lin, Chen Wuyu, Neng Jun Wu, Wu Weiyang, Chen You Yi, Carlos Alejandro Batista Valdes, Toivo Herman, Ghim Hwee Chris Ang.
They face 98 counts of human trafficking, one count of fraud, one count of money laundering, one count of racketeering, one count of failure to pay tax, and aiding and abetting any person prohibited from remaining in Namibia.
They are also charged with contravening the immigration law by overstaying in Namibia, working in Namibia without a permit, and entering Namibia without a permit.
Following the arrests, 163 computers, 350 mobile phones, six vehicles, 12 firearms, ammunition, and N$19 500 in cash were confiscated. The total amount in the alleged fraud is US$465 405.56, which is equal to N$8 814 781. It is alleged that the accused used at least 85 students to do their dirty work, with threats to their families.
According to the police, the students will not be charged, but will testify against the accused. Jia, Muulyau, Jun, Domingo, Lin, Yi, and Herman are on bail, while the rest remain in custody.