Iuze Mukube
Advocate Felicitas Shikerete-Vendura, appearing on behalf of the State, vehemently opposed the application brought by former fisheries minister Mac-Albert Hengari yesterday.
Shikerete-Vendura said the attempt is entirely without merit.
Magistrate Monica Andjaba presided over the matter as Hengari and his co-accused, who are each facing a count of defeating the course of justice, made submissions to either be released or for their charges to be dismissed.
Shikerete-Vendura asserted that the accused’s application amounted to an abuse of the court process, as investigations into the matter are still ongoing and that the current charges are preliminary in nature.
She added it is therefore still premature to object at this stage when investigations are still ongoing, and that in fact their application should not be entertained as it is baseless in nature.
Additionally, she stated that investigations officers do not determine charges, as sought out by the defence, and that it is unfortunate to witness an application of this nature, one that is baseless, and appears aimed solely at securing the release of the accused.
She argued, such an application, is not sound in law and should not be entertained by the court.
Patrick Kauta, on behalf of Hengari, argued that the charges alleged against his client and his co-accused were unfounded and should be squashed.
He argued that it is disingenuous to expect them to engage with preliminary charges based solely on the State’s version, while the accused remains in custody indefinitely, pending investigations into charges that may only materialise in the future and of which they currently have no knowledge of.
He pointed out the relevance of having the investigation officers appear, as the indictment on the charges against the accused was ousted from the arresting officer’s statement at the time of the arrest.
Therefore, the State is hopelessly wrong on its own version, as it had indicated that it will add further charges at the next court appearance after 28 April 2025.
He questioned how the State is now saying that his client is proceeding on preliminary charges, given its earlier representations.
He raised objection to the accused’s further detention and alternatively, for the charges to be squashed.
He added that on the State’s admission, it intends to formulate final charges and are still investigating and that in advancing that proposition, the State forgets that the accused were arrested on the statement of the arresting officer.
According to Kauta, if the State amended the charges, it means Hengari cannot remain in custody, as an amendment implies that the original basis for the accused to remain in custody no longer exists, and thus the accused cannot be lawfully detained on charges that are no longer in effect, he argued.
Kauta added that the alleged inducement of N$220 000 is a case of entrapment and that the accused is charged in connection with the withdrawal of an unidentified case, adding that there was no warrant of arrest or seizure issued in relation to this matter.
The lawyer argued that, on this basis, the accused must be released and, alternatively, the charges must be squashed, as the accused is being held in custody unlawfully due to an arrest and subsequent detention that were illegal.
The duo were arrested in late April for allegedly attempting to bribe a 21-year-old woman, who accused the former minister of rape.
Magistrate Andjaba is expected to deliver her ruling on the application on 4 July 2025.