Three men who stand accused of swindling an Angolan elderly couple of their home and allegedly pocketing N$2.5 million denied any wrongdoing in the Windhoek Magistrate’s Court last week.
Attorney Titus Mbaeva, 62, lay litigant August Maletzky, 49, and Simon Afrikaner, 43, a former employee of African Labour and Human Rights Centre made their third appearance in court where they made no guilty pleas to the numerous charges they face. No plea explanations were furnished in court as the accused opted to leave the onus on the State to prove its case against them.
The prosecution is charging Mbaeva and his co-accused with allegedly corruptly using a false document and attempts to, or conspiring to commit, offences. Maletzky is the only one charged with a count of fraud.
All charges emanate from the dubious sale of a house in Windhoek West worth N$2.5 million on July 01, 2017. The prosecution alleges that Maletzky defrauded the couple by pretending that he wanted to lease the property in question. The prosecution further notes that Maletzky instead sold the house to a third party by means of false pretence and without the knowledge of Samuel Dias, the actual owner of the house.
He was allegedly fully aware that he was not the lawful owner of the house and had no right to sell it.
Court documents indicate that Maletzky used a fraudulent power of attorney in which the property owners supposedly authorised him to sell the house. It is alleged that the power of attorney was prepared by Mbaeva and Afrikaner, according to court documents. Thus, the three conspired to commit the offence.
The case docket has been sent by the Anti-Corruption Commission to the prosecutor general’s office for a decision. She would have to decide if Mbaeva and his co-accused should be prosecuted and stand trial.
The three, who are on bail, were warned to appear in court on November 5 after the court postponed their case for the prosecutor general’s decision. New Era Reporter
2018-07-23 09:17:41 | 2 years ago