Walvis Bay cop found guilty of corruption

A former senior police detective in Walvis Bay has been found guilty of bribery involving N$60 000 paid to a state prosecutor.

Jafet Simon was convicted on Monday after Magistrate Vicky Nikolaidis ruled that he had contravened a section of the Anti-Corruption Act by offering a bribe to a state official. He is due to be sentenced in April.

Simon also faced a charge of defeating the course of justice, but the court acquitted him after the State presented a weak case on that count.

The case stems from a 2018 trial in Walvis Bay, in which Pakistani national Farhan Khatri, together with two Namibian women, faced charges of human trafficking and rape of a minor.

Khatri and the two women were eventually found guilty and sentenced to 20 years’ imprisonment.

During Simon's trial, it emerged that he and Khatri became “friends” during Khatri’s trial, despite Simon being the investigating officer in the matter.

Khatri allegedly wanted Simon to influence the prosecutor, Tresia Hafeni, to mishandle the case so that the charges could be dropped or, alternatively, to have his passport returned so he could leave the country.

Simon, who was arrested in 2020 and remained in custody until 2024 before being granted bail, denied all allegations.

He claimed he was not part of any corrupt intent. He further argued that once he realised a crime was being committed, he took it upon himself to catch those involved, namely Khatri and Hafeni.

This argument, however, became central to the court’s rejection of his version, Nikolaidis said.

Snared during sting operation

By his own admission, Simon became involved in the process by communicating with Hafeni, arranging and attending meetings between Hafeni and Khatri, handling the money and even “acting out” the bribe in what he claimed was an attempt to catch Hafeni in the act.

Instead, he was caught himself.

In her testimony, Hafeni maintained that it was Simon who first approached her on 6 September 2020, asking her to make the case disappear and to return Khatri’s passport.

This was followed by meetings at her home in Swakopmund. She testified that she immediately informed her superiors, as well as the Anti-Corruption Commission (ACC), which led to a planned sting operation in which she cooperated.

She further testified that half of the N$60 000 was handed to her by Khatri at her home, after which she immediately alerted the ACC.

Officials then arrived to count, photograph and confiscate the money as evidence.

Simon was present at most of these meetings and admitted as much. He also conceded that he became aware of the intentions of Khatri but denied playing a role in the bribery attempt.

Hafeni said it was agreed that the passport would be handed to Simon in exchange for the remaining N$30 000.

A date and venue were arranged at her office at the regional court during lunchtime under the direction of the ACC.

Evidence points to bribe

Other witnesses, including ACC officials and senior Erongo police officers, corroborated Hafeni’s version. They confirmed that the first instalment of cash was discovered at her home, properly documented and secured after she reported it.

Regarding Simon’s claim that he was independently investigating the matter, a senior Erongo police investigator testified that Simon had not informed anyone of such intentions. He explained that formal procedures must be followed in such operations, which Simon did not do.

On the day of the sting operation, Simon brought the cash and received the passport as arranged. He left Hafeni’s office and was promptly arrested by the ACC.

Nikolaidis highlighted the stark contrast between Hafeni’s and Simon’s responses to the situation.

According to the magistrate, Hafeni withstood extensive cross-examination and remained consistent and credible.

“I am not convinced that her evidence can be criticised for lack of credibility,” Nikolaidis said, adding that Hafeni immediately reported the matter to her superiors and the ACC. “So there is no reason to doubt Hafeni’s evidence.”

Court rejects defence

The magistrate, however, questioned Simon’s claim that he had launched his own investigation.

“You admit to most of the events but deny that you acted corruptly, and I find that your actions, once this corruption came to your knowledge, totally contrasted with Hafeni’s actions,” Nikolaidis said.

She pointed out that Simon did not report the matter, did not keep records, did not document evidence, and did not initiate any formal investigative process.

“You could have told Hafeni that you do not engage in corruption, but instead you handed over the money and took the passport before being arrested. Your actions make me wary of your story and your version,” she concluded, before finding Simon guilty on the main count of bribery.

Simon’s bail was extended to the date of his sentence.