A Congolese national, accused of smuggling at least 15 refugees into Namibia for a fee, was convicted on three of the charges by Windhoek High Court Judge Dinnah Usiku.

Abigail Bashala (53) was convicted for smuggling migrants into Namibia for financial benefit, which is an offence under the Prevention of Organised Crime (POCA) Act.

She was, however, acquitted on nine of the counts at the end of the State’s case after a section 174 discharge application.

She pleaded not guilty to all the charges at the start of her trial and maintained throughout her trial that she never took any money from any of the complainants she is accused of smuggling.

She was convicted of smuggling Gilanda Dina Carine and her 13-year-old daughter into Namibia for a fee in December 2017 and April 2018, as well as Live Kafutshi Sumudiya during September 2017.

According to the judge, there is no dispute that the accused met the complainants and assisted them.

However, the judge said, she denies receiving any payment for having assisted them in their travels to Namibia.

With regards to the charges she dismissed, the judge said no evidence was presented that Bashala did receive a financial benefit for assisting those complainants – and as a result, she is entitled to the benefit of the doubt.

However, the judge said, in respect of the charges she is convicted of, the State led evidence that Bashala demanded payments from the complainants after an agreement was reached she would facilitate their travel to Canada.

Although the accused denied receiving money from the complainants, evidence was led that she constantly received payments into her bank account in US Dollars.

Even though it amounts to circumstantial evidence, it is the court’s duty to consider every fragment of evidence individually to determine the amount of weight to attach to it and assess an accused’s guilt on the totality of the evidence presented, the judge stated.

Corroboration was presented by evidence that payments were made to the accused and promises made to relocate them to Canada.

 To protect vulnerable members of society, the law does not demand that one should act upon certainties alone, but ought to act upon just and reasonable grounds, especially where the smuggling of persons is involved, the judge stressed.

Therefore, she said, with the totality of the evidence and the accused’s defence being a mere denial, the court is satisfied that she indeed committed the offences convicted of

Bashala’s bail was cancelled, and she will remain in custody pending the finalisation of her trial.

She will return to court on 15 August for pre-sentencing procedures.

She is represented by Kalundu Kamwi on instructions of legal aid and the State by Felisitas Sikerete-Vendura.

- rrouth@nepc.com.na