WINDHOEK – A 36-year-old married father of a 6-month-old boy made a first appearance in the Windhoek Magistrate’s Court on charges of fraud involving N$3 million.
Maurice Kapitako who is represented by Milton Engelbrecht and was not asked to plead also faces charges of forgery and uttering. After State prosecutor Elina Hashipara put the charges to the accused and asked for a postponement to March 31 for further investigation she proposed bail of N$100 000. Engelbrecht was however quick to object to the bail amount, describing it as unreasonable and tantamount to a blanket refusal of bail. Kapitako allegedly defrauded the complainant who was not identified to the tune of N$3 million. According to information available the issue at hand is the sale of an Exclusive Prospecting License (EPL). It is alleged some people who were awarded an EPL to set up a company to utilise the EPL approached Kapitako, but, according to unconfirmed reports he ‘sold’ the EPL to a third party after setting up the company. In the process he allegedly removed two director’s names from the company by allegedly forging their signatures. The charge sheet is not completely clear on the allegations against Kapitako, but Hashipara indicated more charges could be added.
Unconfirmed rumours also have it that some political heavyweights and prominent lawyers are involved in the unfolding saga. During the hearing for bail reducement, Kapitako informed Magistrate Jermaine Muchali Muchali that he can only afford bail of N$20 000, N$10 000 of his own and the other N$10 000 that family and friends can provide. Engelbrecht provided the court with documentary evidence of Kapitako and his wife’s salaries to show what they can afford.
Hashipara did not cross-examine Kapitako when he testified under oath and Muchali described it as a fatal flaw. He said the State’s failure to challenge the testimony of Kapitako leaves the court with only the option to accept the testimony of the accused as the gospel truth. During his submission Engelbrecht referred the court to various authorities where it was stated that a court should not impose a bail amount on an accused that such accused cannot afford to post the bail. He further said an accused person is presumed innocent until proven guilty in a competent court of law as guaranteed by the constitution, and as such the issue is not whether he is guilty or not, but whether he can afford the bail amount. After deliberating for about 20 minutes, Muchali returned to the bench and announced that while there is a definite likelihood of direct imprisonment if Kapitako is found guilty, he was compelled by the State’s failure to dispute the accused’s testimony under cross-examination to reduce the bail. He granted Kapitako bail of N$50 000 with stringent conditions attached. The conditions are that he must submit his travelling documents to the investigating officer and not apply for new ones. He must also report himself three times a week, every Monday, Wednesday and Friday at the Katutura Police Station between the hours of 17h00 and 19h00. The accused may also not leave the district of Windhoek without the written permission of the investigating officer and he must not interfere with the investigation either directly or indirectly.
By Roland Routh