Windhoek
State Advocate Shakwa Nyambe on Wednesday resisted the objections raised by the defence team of Daniel David Nghiwilepo, 40, on the admissibility of various recordings the State wants to introduce as evidence.
Senior Counsel Louis Botes representing Nghiwilepo on instructions of Boris Isaacks told Judge Nate Ndauendapo on Monday that he disputes the legality of the recordings, but Nyambe said three of the objections have no merit.
Botes told the court the recordings are unlawful as they infringe on his client’s rights to privacy and to a fair trial. He went on to say the evidence (recordings) was deliberately withheld from the defence for no apparent reason.
This was what irked the State.
According to Nyambe there is no evidence that they withheld the recordings deliberately as they were part of the disclosure made to the defence team.
He said the only thing to be decided is whether the recordings can be admitted as evidence in their current state as they are transcriptions from a copy of the original recordings.
Botes on the other hand did not give an inch. He accused the State of a “deliberate and flagrant abuse of the constitutional right” of his client.
According to Botes the State is now shying away from the consequences of its conduct of withholding crucial evidence from the accused.He called it a travesty of justice and said it throws the constitution out of the window and makes a mockery of it. Nyambe cried foul and told the judge there is no evidence the State deliberately withheld the recordings, and insisted the accused did not suffer any prejudice. Botes told the court that the only obligation on the State is to prove the authenticity of the recordings.
Judge Ndauendapo said he will deliver his ruling on whether the question of the recordings will be dealt with during the trial within-a-trial to start on February 1 or be dealt with during the main trial on Friday.
Nghiwilepo and Cameroonian-born businessman Antoine ‘Tony’ Mbok, 38, already pleaded not guilty to 10 charges of corruption and money laundering in the Windhoek High Court before Judge Ndauendapo.
Mbok, his corporation MFinance and Namibian national Nghiwilepo face charges of fraud and corruption involving a hefty N$3.9 million.
The State alleges that between January 25, 2010 and February 18, 2010, five cheques destined for the account of the Ministry of Finance were intercepted and deposited into Mbok’s company account.
In plea explanations handed in at court by defence counsels Bronell Uirab for Mbok and his company and Botes and Isaacks for Nghiwilepo they denied any wrongdoing.
Mbok denied that he knew that the money deposited into the bank account of MFinance was meant for the Ministry of Finance or that it was stolen money.
He said that he had a business transaction with Chinam Investment and Trading in which he acted as an intermediary for Rafael Limitada Angolan Goldmine for the sale of alluvial gold powder and was supposed to be paid US$599 200 (approximately N$4 million at the time). Mbok said the money paid into his bank account emanated from this transaction.
Nghiwilepo also denied any knowledge of the stolen cheques.
He said Mbok paid N$25 000 into his bank account in February 2010 which was part payment for a loan he made to Mbok.
While he admitted knowing Thomas, he said that they knew each other while in exile.