A man accused of committing fraud to the tune of over N$4.2 million pled not guilty last week before Windhoek High Court judge Herman
January.
Morne du Plessis (38) told the court that he had no criminal intent when he used funds that were deposited into the account of his company – Extreme Stationery – meant to pay for 1 835 000 exercise books ordered from China.
According to a plea explanation read into the record by his lawyer Boris Isaacks, he said it was just a business transaction that went horribly wrong. He admitted that he received the money from the Development Bank of Namibia as instructed by the complainant in the matter, Nico Kisting. However, after he received the funds, he was instructed by Kisting to deposit N$300 000 into the account of Kisting’s company, Kisnic Supplies, which he did.
He further said Kisting, thereafter, requested small amounts of money from him on several occasions which he paid either in cash or through e-wallet. He also said that at one stage he paid Kisting an amount of N$50 000 from one of his companies.
According to Du Plessis, he was informed by Kisting that the amounts he provided may be deducted from the N$4 234 000, which never occurred. He further said that he made a payment of N$1 million to his supplier in China as a deposit for the books. However, the books were manufactured, but not released as a result of a lack of funds, he said.
According to him, his companies lost four tenders and two contracts with a combined value of over N$10 million at that stage.
In addition, he said, he tried to take over the debt of Kisting at the Development Bank of Namibia, but the bank would not allow it.
Du Plessis said Kisting obtained a default judgement against him in the High Court for the full amount of N$4.2 million.
“I never intended to steal the complainant’s money as I have to date repaid the complainant N$3.9 million,” he stated.
In the indictment, the State alleges that Du Plessis and Kisting entered into a verbal agreement that Du Plessis would supply Kisting with 1 835 000 exercise books he had to deliver to the Central Government Store for a tender he had won. It is further stated that Du Plessis misrepresented to Kisting that he had reliable suppliers in China and that he had the capacity to source the books and supply them on time. However, it is stated that upon receiving the N$4.2 million, the accused spent the whole amount for his own benefit without delivering any stationery to the complainant.
During his testimony last week, Kisting told the court that after he won the tender and received the purchase order from the central stores, he first engaged his regular supplier in South Africa, but they could not help him as they had already closed their order books. As he had to deliver the items, he enquired about another supplier and was referred to Du Plessis who assured him he could deliver. They then reached an agreement and he took out a loan of N$4.5 million from the Development Bank of Namibia and released N$4.234 000 to Du Plessis to pay for the books. However, he said, the books were never delivered.
The matter continues before court. The State is represented by advocate Erich Moyo.
– rrouth@nepc.com.na