Iuze Mukube
Prominent lawyer Sisa Namandje, who is representing some accused in the Namcor corruption saga, accused the State of not only having a weak case but also barking at the wrong door.
Yesterday, Namandje fired a barrage at the State’s handling of the Namcor scandal case, arguing that the matter is being wrongly criminalised when it is in fact a commercial dispute.
Speaking during a formal bail application on behalf of all the accused, Namandje accused the State of mischaracterising what he termed a complex commercial dispute as a criminal matter.
He emphasised the State has a poor case against the accused, claiming it is, in fact, an attempt by the State to abandon civil and corporate remedies and use the criminal processes and proceedings to settle a commercial and corporate dispute.
Namandje further blasted the charges alleged against the accused, stating they were simply brought against them because of the State and the complainant’s frustration or unhappiness with the corporate remedies available to them in a commercial dispute.
He added that that frustration should not justify the pursuit of charges under criminal law.
According to him, for the State to commit itself to the N$480 million figure, when in fact, the case is not really about that, is not in accordance with the consideration of justice.
In no uncertain terms, Namandje said, the figure has been “thumb sucked” at best.
Namandje accused the State of running and sweating around to see which offences they can just take from the statute books and put in the charge sheet. He also claimed there were charges in the sheet that did not exist in the law.
Additionally, the defence counsel stated that one of their main grounds for why the accused must be granted bail was the simple fact that the State’s case is weak.
PR stunt
He accused the State of attempting to make an example of Namcor executives for public relations purposes, rather than following the proper legal route.
Namandje accused the State of coming to court with “dirty hands”, in that “it’s not for the State to take steps to investigate, prevent, and prosecute crime, nor to act beyond judicial and legal standards when it investigates, arrests, and brings people to court.”
“The State co-opted the media into their processes. Maybe to provoke public anger. The State has no business using the media to harass accused persons during the arrest and the proceedings. The State breached their responsibility in that respect,” he said.
He added that the public announcement, including in court, to say that the accused are facing charges in the amount of N$480 million, was a deliberate attempt by the State to tag along with the public and provoke anger.
He said maybe the State thought it was enough to come up with big numbers, and their case would be easy at the bail application.
“All these falsified numbers… N$480 million is a falsified number, as there are no such charges. The State will not be able to back up this amount, not in the bail application, and not at the trial,” Namandje said.
He reminded the court that it is not part of the Executive and is not and cannot be co-opted by the police and by the prosecution in doing justice.
“The court is there to ensure that everybody plays by the rules.”
He emphasised that in a government of law, the existence of the government will be in peril if it fails to observe the law and that the government must be a model of compliance with the law.
“Is it fair for a public prosecutor to come in court and tell all and sundry that the accused are facing charges involving N$480 million when it is not true? Even official records and judicial records are there. It’s not true,” he dismissed.
He added that those involved in prosecuting the case appear to be using the judicial process to market themselves to portray that they “have judicial prosecutorial balls to go after everybody.”
Flee
Yesterday, it was reported that Victor Malima (34), who is also wanted in connection with the Namcor corruption scandal, fled the country through the Wenela border post at Katima Mulilo on Friday.
This, according to reports, happened just moments before a nationwide alert to stop him was issued.
Malima is wanted in connection with the case that led to the arrest of nine individuals last week on a string of corruption-related charges.
The matter continues in the Windhoek Magistrate’s Court today.