By Tunomukwathi Asino
WINDHOEK – Acting High Court Judge Kobus Miller will next Friday make a ruling in a case in which former Namibia Wildlife Resorts (NWR) Managing Director, Tobie Aupindi, and co-accused businessman, Antonio di Savino, asked for the recusal of the magistrate presiding over their alleged corruption trial.
The judgment could not be handed down on Wednesday because the acting judge was unable to finish writing the judgment on time.
On October 14, 2013, lawyers, Louis du Pisani and Garth Joseph, representing the two accused in the corruption trial in the Windhoek Magistrate’s Court, approached the Windhoek High Court with an urgent application.
They requested court to issue an order for the recusal of Magistrate Helvi Kauna Shilemba from the trial.
Last week, the matter was remanded to March 11 in the Windhoek Magistrate’s Court.
Aupindi and Di Savino face two counts – one for allegedly providing false information to an authorised officer and for attempting to defeat or obstruct the course of justice.
This comes after accusations that Di Savino had built a N$50 000 swimming pool at Aupindi’s house in Hochland Park in return for lucrative tenders from NWR, which Aupindi headed at the time.
Both men pleaded not guilty when their trial started in February 2012. The State alleges the pool was paid for by Di Savino, as a gift for a contract he received from NWR.
In 2013, the defence team, Advocate Richard Metcalfe representing Aupindi and Du Pisani representing Di Savino, in court papers filed with the High Court wanted the proceedings held in the Windhoek Magistrate’s Court “set aside with immediate effect and for the two accused to be acquitted on all the charges preferred against them in the proceedings”.
The defence team further wanted the High Court to decide on whether magistrate Helvi Shilemba should recuse herself from presiding in the matter, and that “any decision taken by her not to recuse herself as presiding magistrate in the proceedings be substituted” by the decision taken by the High Court.
The defence team demanded that Shilemba and a prosecutor Arrie Husselman recuse themselves from the case, alleging they were “unfair” to their clients.
The defence team made the request after a private investigator, Larky McKay, made shocking revelations that Husselman allegedly wanted to see Aupindi in jail.
The revelations come from affidavits taken from witnesses who were party to the alleged plot. According to the private investigator, Husselman said he would like to see Aupindi go to be jailed even for six months.
“He thinks he sh*ts ice cream,” Husselman allegedly said, according to affidavits read in court by the private investigator in February 2013.
In July 2013, Shilemba decided she was not going to recuse herself. Metcalfe then informed the court that he “refuses to continue with this injustice”.
He added, he was withdrawing and that the court could not force him to continue.
“If this is what the justice system in Namibia has become, may God bless Namibia,” he added.
Metcalfe then walked out of the courtroom. Before walking out of the courtroom, Metcalfe informed the court “nobody is saying the allegations are true, but they have created suspicion in the minds of the accused and the public”.
The advocate added that the magistrate could not be the judge in her own matter.