The lawyers of 10 Chinese nationals, one Ugandan, one Cuban, one Angolan and one Namibian on Thursday claimed their clients are being detained unlawfully.
Sisa Namandje, who appeared on behalf of 10 of the accused on instructions from Gilroy Kasper from MKK, as well as Kadhila Amoomo, who appeared for Namibian Mdanda Mamelodi Domingo, said they want to bring an enquiry into the timeframe of the arrests and the subsequent first court appearance.
They submitted that their clients were arrested on 3 October, and were brought only to court on 6 October, which is past the 48-hour threshold.
Namandje said they want an enquiry into this “unlawful” detention. He added that they have footage of when the arrests were effected – it was not on 5 October as the state is projecting.
The lawyers said they would not tolerate that the judicial process be made a mockery of by unscrupulous officials who wish to deceive the court.
Amoomo also bemoaned the correctness of the charge sheet. He said the charge sheet is silent on his client. It makes mention of an Oshiwambo-speaking female, while his client is Setswana-speaking.
Furthermore, the State cannot be allowed to get away with amending the charge sheet by changing the date of the arrest unilaterally, he continued.
Seredine Jacobs, on behalf of the state, said the application for an enquiry was an ambush by the defence. She had prepared for a bail application, and the defence sprung this application on her.
However, Jacobs said, there is evidence that the arrests were effected on 4 October.
She said the operation started on 3 October, but due to the volume of devices to be attached, the investigation ran into the next day when the actual arrests were effected. Following the arrests, 163 computers, 350 mobile phones, six vehicles, 12 firearms, ammunition and cash of N$19 500 were recovered. The total amount of the alleged fraud amounts to US$465 405.56, which is approximately N$8 814 781.
It is alleged that the accused used at least 50 students to do their dirty work, with threats to their families.
The police said the students will not be charged but will testify against the accused.
Jacobs said the magistrate who conducted the first appearance of the accused already made a ruling that the accused were legally before court, and the only remedy open to them was an application in the High Court to set aside that ruling.
Magistrate Jozanne Klazen, however, found that an enquiry is needed, and postponed the matter to today.
The accused, Fan Jia, Guo Linzie, Tango Muulyau, Haifeng Zheng, Li Zirian, Shi Zi Jun, Domingo, Lin Shu Lin, Chen Wuyu, Neng Jun Wu, Wu Weiyang, Chen You Yi, Carlos Alejandro Batista Valdes and Toivo Herman, are facing 98 counts of trafficking in humans, one count of fraud, one count of money laundering, one count of racketeering, one count of failure to pay tax, as well as aiding and abetting any prohibited person to remain in Namibia.
They are also charged with contravening the immigration law by overstaying in Namibia, working in Namibia without a permit and entering Namibia without a permit. They remain in custody.
- rrouth@nepc.com.na