Some of the Namibian and Angolan nationals who were earlier this year convicted of defrauding the finance ministry of N$26.4 million through a value-added tax refund fraud scheme, have failed to take liability for their crimes.
“I am of the view that this application is of people who do not want to take accountability and appreciate their own wrongdoing,” said State prosecutor Henry Muhongo.
Muhongo argued yesterday in the High Court the group comprising of Mamsy Nuuyoma, Isaac Cupessala, Paquete Americano Jose, Aurelio Miapia and Noah ‘Boykie’ Naukosho have no prospect of succeeding should the High Court grant them leave to appeal their convictions and sentence in the Supreme Court.
He explained the court did not misdirect itself when it convicted and subsequently sentenced all 14 men and women on various counts of fraud, alternatively theft, money laundering and corruptly giving a document containing false information to an agent.
He said compared to similar cases, the court was lenient by imposing sentences ranging from 14 to two years respectively.
Thus, the group’s application has no merit and stands to be dismissed. Arguing on behalf of Naukosho, Miapia, Cupessala and Jose, lawyer Trevor Brockerhoff said, “the court erred in law and fact by finding that documentary evidence relied upon to convict was properly before court, and convicted them on some counts where some of the witnesses relevant to those counts did not testify.”
Nuuyoma’s lawyer Winnie Christians said the search and seizure was not in accordance with the law and the court relied on circumstantial evidence to convict the group.
The State allegedly failed to present a case which proved the guilt of Nuuyoma and others beyond reasonable doubt.
Thus, he said another court if presented with the same facts might give a different conclusion. Other convicts are Joao Manuel dos Santos, Zimutu Pembele, Benvindo Momafuba and Malaquias Rufino, Carlos Victor Eliseu, Joaquim Pedro Espanhol and Carlos Tchinduku. More than N$26.4 million was paid out as a result of the fraudulent claims.
The false VAT refund claims were submitted to Aveshe Consulting by Angolan citizens who used forged documents - including invoices from retailers and customs declaration forms - to claim they had bought goods in Namibia and were exporting them to Angola. For their application, judge Kobus Miller will give a ruling on 9 December. All accused are currently in police custody.
-mamakali@nepc.com.na