Windhoek
The two remaining accused in one of the biggest cash heists in Namibian history will hear at the end of July what their fate will be.
Judge Naomi Shivute yesterday indicated she will deliver her verdict in the case of Jan Julius, 42, and George Jambeinge, 41, on July 29 after submissions by state advocate Anita Meyer and defence counsel George Neves. Meyer asked the court to convict Julius on the charge of armed robbery with aggravating circumstances.
According to Meyer, the State proved beyond a reasonable doubt that Julius was instrumental in the planning and eventual commissioning of the daring robbery in the early hours of December 29, 2004. “Accused one deviated from the route he was supposed to take, picked up a hitch-hiker that was not allowed and then went to stop next to the getaway vehicle parked near a dense cluster of bushes,” she told the judge.
According to her, the only way the steel reinforced security wagon could have been robbed was with inside help.
“The robbers had to know when the vehicle would leave and the route it would take,” she stressed.
Meyer described Julius’ version of events as “at best laughable and at worst sad”, and asked if he really wants the court to believe he had the bad luck to pick up a hitch-hiker with a pre-conceived intention to rob him.
“It is clear as daylight that this was pre-arranged,” she charged and asked the court to find that Julius was instrumental in the planning and effect of the robbery.
She however conceded there is nothing that directly links Jambeinge to the actual robbery.
While Jambeinge made himself guilty to the robbery by association, she said, there is no evidence placing him at the scene and cannot prove common purpose.
She said he must be convicted of the lesser competent verdict of theft or possession of stolen property.
According to Meyer the State proved he however had knowledge of the robbery and was in active possession of part of the stolen money.
Neves argued that there is no evidence against either of his clients before court.
According to him the State’s case hinges on mere speculation.
Both of his clients gave reasonable explanations for their respective actions, he said and said the State failed to prove they were involved in the robbery.
Julius and Jambeinge remained alone in the dock after Judge Shivute found in February 2014 they had a case to answer after the defence asked for a Rule 174 discharge.
After Meyer conceded that the State failed to prove the allegations against four of his co-accused, the judge acquitted Benedictus Kasimbingwe, Elitana Nghimwena, Mateus Hauwanga and Jason Awene.
Julius, Jambeinge and the exonerated accused went on trial on a charge of robbery with aggravating circumstances in January 2010 when they all pleaded not guilty.
It was alleged they colluded to rob the cash-in-transit car of N$5.7 million in the Brakwater area north of Windhoek.
The police later recovered about N$3.38 million that was alleged to have been part of the stolen cash.