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Fraud accused was out on bail for rape

2023-03-03  Eveline de Klerk

Fraud accused was out on bail for rape

Immanuel Nowaseb, who appeared in the Walvis Bay Magistrate’s Court on Wednesday on a case of fraud, was out on bail for rape when he allegedly committed fraud.

Nowaseb (46) was found guilty by the Windhoek Magistrate’s Court on two counts of rape and was in 2019 sentenced by Magistrate Gaynor Poulton for raping a 10-year-old girl twice at Swakopmund in December 2011. 

According to court documents, the alleged incidents took place in Swakopmund, where Nowaseb allegedly lured the minor and her brother to his house.

He allegedly raped the minor in the presence of her four-year-old brother. Court documents further show that Nowaseb’s trial took more than eight years to be concluded because he changed lawyers several times, claiming he was “not happy” with their services. 

The court, however, ruled that the trial proceeds on 16 January 2019, but Nowaseb’s lawyer did not come to court.

Poulton refused another postponement and ordered Nowaseb to represent himself, and when Nowaseb declared his dissatisfaction by walking out of the court, Poulton ordered the trial to proceed in his absence.

He was then sentenced to 15 years for rape. Following his successful appeal, Nowaseb was granted N$5 000 bail by judge Herman January. 

January during his verdict said the purpose of bail is to strike a balance between the interests of society and the liberty of an accused, who is in terms of the country’s Constitution presumed innocent until proven guilty.

The judge ordered Nowaseb to report to the Katutura Police Station in Windhoek every Monday and Friday, and he may not interfere with any state witnesses in his case or with the police investigation or evidence in the matter.

“You may not leave the Windhoek district without the knowledge of the police officer handling his case. You have to surrender your travel documents to the police, and you should appear in the Swakopmund Regional Court as scheduled,” January explained during the court proceedings to Nowaseb.

In his latest run-in with the law, Nowaseb was arrested in Okahandja in February after he allegedly defrauded local businessman Jose Luis Bastos of more than N$2 million between November 2022 and 27 January 2023. He allegedly pretended to be vice president Netumbo Nandi-Ndaitwah, sourcing funding while campaigning during the Swapo presidential election campaign last year, in which Nandi-Ndaitwah was elected as the presidential candidate of the party for 2024.

“He then convinced Bastos to donate while he was not being part of Nandi-Ndaitwah’s campaign or instructed to do so, “ police in the Erongo region stated.

Public prosecutor Maggy Shiyagaya, during Nowaseb’s appearance Wednesday, told the court that Nowaseb faces 15 counts of fraud, alternatively money laundering and asked that the case be postponed to 31 May.

“We are opposing bail at this stage, as it is not in the interest of the public nor the administration of justice, as the suspect has a pending case in Swakopmund. He can, however, formally apply for bail,” Shiyagaya said.

While being taken to the
holding cells, the suspect admitted he stole the money.

“Yes, I took the money and I am enjoying it,” Nowaseb said before he was taken to the police cells. He also assaulted journalists who were taking photos/videos of him as he was escorted by police on Wednesday.

Nowaseb clashed with the law on several occasions.

He has an ongoing theft and fraud case in Usakos, and a theft under false pretence case in Walvis Bay, Windhoek, Keetmanshoop, Gibeon and Katutura. Some of the cases are not finalised yet.


2023-03-03  Eveline de Klerk

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