Aupindi's appeal dismissed

The former NWR boss was unsuccessful in his bid to have corruption charges against him and a co-accused set aside.

17 July 2017 | Justice

Former CEO of Namibia Wildlife Resorts Tobie Aupindi’s bid to review and set aside the contravention of provisions of the Anti-Corruption Act charges levelled against him was dismissed with costs by the full bench of the Supreme Court.

Aupindi had appealed against the judgment of the High Court after it dismissed his and his co-accused, Antonio Di Savino’s, application to review and set aside criminal proceedings before the Windhoek Magistrate’s Court.

The full bench was made up of Judges of Appeal Sylvester Mainga, Elton Hoff and Acting Judge of Appeal, Theo Frank.

“The refusal by the prosecutor-general to terminate the proceedings against the appellant and Savino, who is cited in the application as tenth respondent, could thus not be faulted,” the court found.

The highest court further held that the statements containing the alleged untoward conduct of the first respondent amounted to inadmissible hearsay evidence.

It concluded that Aupindi and Savino had failed to establish the facts necessary for them to either infer bias or a reasonable apprehension of bias.

“The appeal is dismissed with costs,” the Supreme Court ruled.

The criminal trial has not been finalised because it was interrupted by a recusal application.

Aupindi and Savino are both on trial for various charges under the Anti-Corruption Act.

They have both pleaded not guilty.

The trial was presided over by Magistrate Helvi Shilemba.

The State led evidence to establish that the appellant had not paid the costs involved in the installation of a swimming pool at his residence.

At the conclusion of the state case, both accused applied for discharge on all charges.

However, Shilemba dismissed the application and postponed the trial to a later date.

At the resumption of the trial, Aupindi called a certain Mr MacKay who is a former policeman and detective who he had requested to do certain investigations on his behalf.

In his testimony, the witness produced statements that he had procured from certain persons with allegations that Shilemba and the prosecutors were plotting to convict him on the charges he is facing, prompting Aupindi and Savino to make an application for recusal of the magistrate, saying they would not get a fair trial.

Shilemba after hearing the evidence dismissed the application on the basis that the duo failed to establish facts to prove that there was reasonable apprehension of bias on their part.

Aupindi and Savino dissatisfied with the ruling, brought a review application in the High Court to set aside Shilemba’s ruling.

However the High Court dismissed the review application and referred the case back to the Magistrate’s Court to proceed with the criminal trial against the two.

Aupindi in his appeal argued that the investigation by an official of the Anti-Corruption Commission was flawed and that the official failed to take a statement from the owner of the entity, a certain Mr Kühn, who had installed the swimming pool and who corroborated his version and Savino’s.

He further argued that the prosecutor should not have proceeded with the trial because the prosecutor-general was unaware of the corroborating version of Kühn when she decided to proceed with the prosecution.

In the recusal application the bone of contention was that the statements presented were sworn statements that indicated untoward conduct of the first respondent and this in itself was sufficient to create a reasonable apprehension of bias.

FRED GOEIEMAN

Similar News

 

Mwoombola fights back

2 days ago - 23 February 2018 | Justice

Former health permanent secretary Andreas Mwoombola has launched a two-fold application in the Labour Court, in which he wants to court to either halt his...

Students bail out murder accused

3 days ago - 22 February 2018 | Justice

Students at the University of Namibia's Khomasdal campus bailed out a fellow student at the Magistrate's Court in Katutura yesterday.In solidarity, they collected N$1 500...

Malicious prosecution lawsuit dismissed

3 days ago - 22 February 2018 | Justice

The Windhoek High Court has dismissed with costs a malicious prosecution lawsuit brought by Caprivi treason trial accused Moven Kawana ComboCombo has indicated he will...

Amupanda drags ACC into lawsuit

5 days ago - 20 February 2018 | Justice

The lid of Pandora's Box is seemingly being opened in the wake of former attorney-general Sacky Shanghala's N$500 000 defamation lawsuit against a well-known land...

High Court hears child murder cases

6 days ago - 19 February 2018 | Justice

A young man facing a charge of murdering his infant son and attempted murder of the child's mother made a brief appearance before the Windhoek...

Rust returns to jail

6 days ago - 19 February 2018 | Justice

Kai Rust (45), the Okahandja farmer who was found guilty of culpable homicide for the fatal shooting of Andreas Ukandanga (41) who was poaching on...

DRC-linked fraud case delayed again

6 days ago - 19 February 2018 | Justice

A fraud and theft trial involving the disappearance of US$850 000 belonging to a Democratic Republic of Congo (DRC) army general has again been delayed...

Kai Rust jailed for three years

1 week ago - 16 February 2018 | Justice

Okahandja farmer, Kai Rust, who was found guilty of culpable homocide on 5 February this year, was today sentenced to five years imprisonment of which...

Sex trafficking hits High Court

1 week ago - 16 February 2018 | Justice

Two Namibians and a South African facing multiple charges of human trafficking and rape related to minors at Swakopmund and Okahandja made brief appearances before...

Student pastor's killer to take stand

1 week ago - 16 February 2018 | Justice

Andre Friedel Castro Dausab, who has already been convicted of murdering his pastor-in-training girlfriend, will testify in mitigation of sentence. Dausab told the Windhoek...

Latest News

DebMarine prelims to kick off...

1 day - 24 February 2018 | Sports

The DebMarine Namibia Cup kicks off on 3 March countrywide, with clubs in the first and second divisions battling it out to secure a place...

Outjo donkey abattoir off the...

2 days ago - 23 February 2018 | Agriculture

Plans to build a donkey abattoir in Outjo have folded.Fu-Hai Trading Enterprises, reportedly co-owned by Swakopmund estate agent Shane Quinton Hangula and a Chinese business...

One Africa Television Chief Executive...

2 days ago - 23 February 2018 | Business

Namibia’s first ever free-to-air, independent TV broadcaster in Namibia, One Africa Television was founded in 2003, the brainchild of Namibian photographer and businessman, the late...

3 Key Social Media Trends...

2 days ago - 23 February 2018 | Education

Like it or not, you are recruiting in the world of Google. Just as easily as you can go to the Internet to look things...

Union warns private schools

2 days ago - 23 February 2018 | Labour

JEMIMA BEUKES The Teachers Union of Namibia (TUN) intends to clamp down on fly-by-night private schools that allegedly exploit...

Mwoombola fights back

2 days ago - 23 February 2018 | Justice

Former health permanent secretary Andreas Mwoombola has launched a two-fold application in the Labour Court, in which he wants to court to either halt his...

Elephants cause havoc

2 days ago - 23 February 2018 | Environment

Several elephant herds have over the past few weeks caused havoc on farms in the Outjo District, resulting in hundreds of thousands of dollars in...

The Basics of Branding

2 days ago - 23 February 2018 | Business

Simply put, your brand is your promise to your customer. It tells them what they can expect from your products and services, and it...

How to Communicate Effectively in...

2 days ago - 23 February 2018 | Education

Communication is essential for the smooth running of a business, whether it is between colleagues, with a client or with customers.With technology creating a multitude...

Load More