WINDHOEK – Accusations and counter accusations of unfair and unsatisfactory procedures characterised the restart of the major corruption trial involving about N$54 million, dubbed ‘the Teko Trio Trial’ yesterday in the Windhoek High Court.
Deputy Prosecutor General Danie Small informed the court that the prosecution team was only able to secure the temporary services of a new Mandarin interpreter for Yang Fan, the Chinese national charged in the case along with two Namibians, former chairperson of the Public Service Commission Teckla Lameck and fellow business partner Jerobeam Kongo Mokaxwa. The interpreter is a student and only available for selective periods.
But the defence team of Yang, Lameck, and Mokaxwa, led by Senior Counsel Gerson Hinda again bemoaned the State’s inability to secure the full-time services of an interpreter. “The State knew from the time Yang Fan was arrested that he would need a Mandarin interpreter, but has failed miserably in their duty to obtain one,” Hinda said, accusing the State of delaying tactics.
Hinda also accused the prosecution of blaming the defence for “ducking and diving” while in fact the prosecution is still trying to secure additional statements from new witnesses “to plug the holes in the State’s case”.
Acting Judge Maphios Cheda, presiding in the matter, was seconded from the Harare Court Circuit in Zimbabwe to preside over the high profile hearing. Yang, Lameck and Mokaxwa are accused of defrauding government and Swapo Party company Namib Contract Haulage. Lameck and Mokaxwa are accused of defrauding Namib Contract Haulage of at least US$144 000 for the purchase of four tipper trucks when they were in the full-time employment of the company. The trio are also accused of duping government through the Ministry of Finance to pay an inflated price of N$55 348 800 for scanners to be used at airports and border posts. In fact, the State alleges, the price was inflated with an amount of N$12 828 800 meant as ‘commission’ for Teko Trading, which facilitated the transaction.
The other charges relate to transgressions of the Immigration Control Act, the Prevention of Organised Crime Act and further contraventions of the Anti-Corruption Act. Lameck is charged with doing work for remuneration outside her office as a member of the Public Service Commission by inducing the Ministry of Finance as the principle agent of the Republic of Namibia to purchase the scanners from Nuctech, a company based in China. It is alleged that Lameck received commissions amounting to US$4 229 348.05 from Nuctech, which fees she allegedly shared with her co-accused.
Yesterday Small had to put out some fires after the defence lodged objection after objection on what they called “an ongoing investigation” by the State.
The court heard from an expert in foreign exchange on the commissions received by Lameck and Mokaxwa through Teko Trading in which both held equal shares. Neville Davids, who during the payments of the ‘commissions’ was working at Bank Windhoek as an senior advisor to relationship managers, testified that one of the relationship managers, Lukas Nanyemba, approached him during February 2009 for advice on a new corporate client. He said that Nanyemba asked him about requirements needed for influx of foreign currency into the country. According to Davids, he advised Nanyemba and also did his own due diligence to ensure that the money was “good money”. He further testified that US$1 509 280 arrived in the country from Nuctech in China to Teko Trading on March 11 2009. He said that after he did his “due diligence” where he ascertained that the money indeed came from a legitimate source the money was cleared into Teko Trading’s account. According to Davids, another transfer was effected from Nuctech to Teko Trading the following day, March 12 2009, for the amount of US$1.6 million.
As the new interpreter, Yu Shen, is only available on certain days for certain periods of time the case was postponed to tomorrow, August 29.
By Roland Routh