All the lawyers for the accused in the massive tax refund fraud trial in the Windhoek High Court indicated to Windhoek High Court Acting Judge Kobus Miller Tuesday that they will bring a section 174 discharge application on behalf of their clients.

They made their intentions clear before Judge Miller postponed the matter to 6 April to adhere to the measures intended to contain the fast-spreading corona virus.

The lawyers are Advocate Winnie Christiaans who is representing Mamsy Mweneni Nuuyoma (28), a Namibian citizen who worked at Aveshe Consultancy, the company managing VAT refunds on behalf of the finance ministry at the time the alleged fraud was committed. 

She faces 626 counts, including defeating or attempting to defeat the course of justice in addition to the other charges. It is alleged she stole more than N$3.3 million in cahoots with Angolan national Lukau Nestor who absconded after getting bail. 

Marvin Katuvesirauina is representing Benvindo Momafuba and Carlos Victor Eliseu, Trevor Brockerhoff is representing Pembele Zimutu (52), Isaac Cativa Cupessala (44), Paquete Americo Kapayole Jose, Miapa Aurelio Nelson (32) and 28-year-old Namibian Noah Boykie Naukosho.

The other accused are Joaquim Pedro Espanhol represented by Vetu Uanivi, Joao Manuel dos Santos represented by Kalundu Kamwi, Tatiana Luquena Muchado Gonga and Malakias Tomas Rufine represented by Theo Carollus, Carlos Feleciano Tchinduku and Lucio Jose Cazembe represented by Mekumbu Tjiteere.
Nuuyoma, is on record for Momafuba and Eliseu; for Zimutu, Cupessala, Jose, Nelson and Naukosho; Theo Carollus for Gonga and Rufine and for Tchinduku and Cazembe, Kalundu Kamwi is representing Dos Santos. 

All the accused except Nuuyoma, Nestor, Momafuba, Zimutu, Gonga, Cupessala, Cazembe and Naukosho are in custody.

All of the accused pleaded not guilty to 629 counts of fraud alternatively theft, money laundering and corruptly giving a document containing false information to an agent at the start of their trial last year. 
The amount involved in the massive value added tax fraud scam has jumped from the initial N$114 million to more than N$210 million, it emerged from the indictment document. 

It is alleged the accused were involved in the use of forged tax invoices, VAT claim forms and customs documentation to claim VAT refunds from the finance ministry. - rrouth@nepc.com.na