Windhoek
The trial of Cameroonian-born businessman Antoine ‘Tony’ Mbok, 38, and his co-accused Daniel David Nghiwilepo, 40, is in limbo barely a day after it resumed after a hiatus of nearly a year.
Senior counsel Louis Botes assisted by Boris “The Mouth” Isaacks informed Judge Nate Ndauendapo that they objected to the admissibility of various voice recordings Veronika Kituna Thomas allegedly made of conversations she had with Nghiwilepo.
During her testimony it came to light that Thomas recorded her conversations with Nghiwilepo on at least four occasions on behalf of the Anti-Corruption Commission (ACC).
Thomas already pleaded guilty to five counts of corruptly using her office at the Ministry of Finance and her position for self-gratification at the start of the trial before High Court Judge Alfred Siboleka on February, 10, 2012 and was sentenced to an effective eight years’ imprisonment.
After Thomas’ guilty plea her trial was separated from that of Mbok, his company MFinance and Nghiwilepo.
The trial has now stalled as a trial-within-a-trial has to be held to determine the admissibility of the recordings.
Mbok in his personal capacity and as the sole representative of his corporation Mfinance, and Nghiwilepo, pleaded not guilty to charges of fraud and corruption involving N$3.9 million in March last year.
When the evidence of the voice recordings came to light during cross-examination of Thomas by Bronell Uirab, the state-funded lawyer of Mbok, the trial was halted in its tracks to sort out the issue.
According to Botes his client Nghiwilepo disputes the admissibility of the recordings as they constitute an unlawful breach of his rights to a fair trial.
In addition, he said, they infringe on his right to privacy as guaranteed by the Namibian Constitution. He further said that the manner in which the evidence was obtained and the deliberate withholding of the evidence from his client by the State and/or the investigating team were a direct and impermissible infringement of Nghiwilepo’s rights. On his part Uirab informed the court he does not object per se to the evidence, but wants the admissibility issue sorted as soon as possible.
Ndauendapo postponed the matter to Wednesday to give the State represented by State Advocate Shakwa Nyambe time to study the objections and to reply to them.
Mbok is the first and second accused in his capacity as the director of MFinance while Nghiwilepo the third accused.
A summary of substantial facts contained in the charge sheet have it that the two men in cahoots with 39-year-old Thomas who was a registry clerk at the Ministry of Finance allegedly defrauded several Namibian businesses and government agencies of up to N$3.9 million in valued-added tax (VAT) and returns for import VAT.
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.
The affected companies and entities in the alleged fraud comprise GS Fainsinger and Associates, the Ministry of Health and Social Services / Global Fund, Edu-Loan (now Letshego Financial Services Namibia), Kalahari Sands Hotel and Casino and Afrisam Cement.