The trial of Ondangwa-based magistrate, Liwena Walter Mikiti, is on hold because of the unavailability of the transcribed record.
Windhoek High Court Judge Eileen Rakow yesterday remanded the matter to 16 January 2024 for a status hearing on the availability of the record.
State Advocate Timo Itula asked the court to remove the matter from the criminal roll and put it on the mentions roll until the situation with the record is sorted, but Rakow opted to postpone it for a status hearing.
The parties need the record to prepare for a section 174 application Mikiti is planning to lodge after the state closed its case earlier this year.
Mikiti’s lawyer, Pieter Greyling, indicated to the court that he would bring the application, but that he needs the transcribed record to prepare.
Judge Rakow then postponed the matter to yesterday for the record to be available, but it was not so. Itula also told the Court that the transcribers indicated that the record was typed, but not proofread yet.
Mikiti is accused of duping insurance giant Santam Namibia out of N$234 555 in fraudulent insurance claims.
He pleaded not guilty to the charges when his trial started in November 2021.
He did not enter a plea explanation, and only confirmed his not guilty pleas through a Section 115 plea, read into the record by then-legal representative advocate Slysken Makando.
According to the 115 pleas, he put the proof of all the allegations on the state and made use of his right to remain silent.
The charges emanate from an alleged car insurance fraud committed during June 2014.
According to the charge sheet, Mikiti was the owner of a 2009 Mercedes Benz C180K BE Classic that was insured by Santam Namibia through Welwitschia Insurance Brokers.
The vehicle was involved in a chain collision with three other vehicles on the Oshakati main road near Oneshila on 13 June 2014 and sustained minor damages, but it could still be driven afterwards.
However, the indictment read, Mikiti submitted a claim that indicated the accident occurred on 14 June 2014, and that his motor vehicle sustained extensive damages that rendered it a total write-off.
It is further alleged that Mikiti used the particulars of the accident of 13 June 2014 and the accident report issued for that accident when he claimed from the insurance.
According to the state, it was based on those particulars that Sanlam Namibia paid Mikiti the total sum.
The state said Mikiti misrepresented to Sanlam that his motor vehicle was involved in an accident on 14 June and not 13 June 2014, and that it sustained damages beyond economical repairs; that it was a 2010 model, instead of a 2009 model; that the other party in the accident was a Johannes Kaujeua; that the accident scene on the 14 June 2014 was attended by a police officer, and that he was entitled to claim from his insurance.
He did this, the state alleges, while he knew the damages that caused his vehicle to a write-off were not sustained during the accident of 13 June 2014, and that he made alterations to the accident report prepared on 13 June.
Mikiti is free on bail.
- rrouth@nepc.com.na