Avid kingpin a 'broken' man

13 June 2018 | Justice

One of the Avid fraud kingpins, Nico Josea, says he is a broken man. Testifying in mitigation of sentence yesterday in the High Court, Josea said he realises the seriousness of the offences of which he was convicted.

He said he was a broken man - spiritually and physically - and pleaded in tears for leniency from the court.

“I am really sorry for what had happened. Be merciful to me. I did not know it would be this way today. I leave everything in the capable hands of my lordship,” Josea said to Judge Christie Liebenberg.

His lawyer Slysken Makando said his client is a first-time offender and urged the court not to adopt and eye-for-eye attitude towards him.

“The society we will be having under such circumstances is a blind society,” he argued, while pleading for a substantial portion of Josea's sentence to be suspended.

The state called for appropriate sentences to be meted out to the five accused who have been found guilty of their part in the Avid/Social Security Commission (SSC) saga.

State advocate Ed Marondedze said former deputy minister Paulus Kapia, Inez /Gâses, Ralph Blaauw, his wife Sharon and Josea all played their part in the disappearance of the N$30 million from the SSC.

They had claimed in 2005 that the money would be transferred for investment, but it had ended up somewhere else.

“The effect of not investing the money has caused potential prejudice to the SCC and three of the accused (Kapia, /Gâses and Ralph Blaauw) did not provide an explanation to the commission,” Marondedze said.

“It is not in dispute that the money went missing.”

Marondedze argued the three accused were indecisive about how the money should be invested.

“They relinquished their duties and therefore their moral blameworthiness is very high,” he said. Marondedze said the evidence was that SSC managers did not want to deal with Avid founder, the late Lazarus Kandara, when investing the commission's funds.

He said Kandara's involvement in Avid was then shielded from the SSC.

When the SSC transferred the money into Avid's account, Kandara transferred it to the account of Namangol Investments, where Josea was the director and shareholder.

“Josea further transferred the money to Allan Rosenberg in South Africa and the rest is history,” Marondedze said.

“These are the snake's heads and they must be hit hard. They occasioned the loss,” Marondedze said of Kapia, /Gâses and Ralph Blaauw.

He said they had shown no remorse for what Kandara had done.

“They all along denied his involvement.”

Marondedze submitted the court should not treat Kapia with “kid gloves” and that he, /Gâses and Blaauw were not acting for the benefit of the country, but for their private pockets.

“The three were not forthcoming. They kept Kandara under their arms. There is no way they can expect a soft landing from the court in a case of this nature,” he argued.

Referring to suffering that the accused endured due to the long drawn-out trial, Marondedze argued this was as a consequence of the case.

“This should not make this court shy away from imposing the appropriate sentences,” he maintained.

According to him, when a court deals with fraud, involving potential or factual losses, it should look at the accused's role or purpose to determine whether they lived up to expectations or not.

“If we look at Kapia, he had a brilliant career. But did he live up to expectations? No! A lot was expected from him. He was supposed to lead by example. He was a member of parliament, where he was supposed to be in the driving seat of the country,” Marondedze argued.

Kapia was forced to resign as deputy works minister in August 2005.

Marondedze argued that society looked up to some of the accused as leaders, but they were used by Kandara and Josea and abdicated their responsibility towards the society.

“That should weigh heavily against them,” he argued.


Similar News


Koch gets eight years

2 days ago - 15 October 2018 | Justice

A Swakopmund resident found guilty of harbouring minor children for sexual exploitation, was sentenced to an effective eight years imprisonment at the close of last...

Gallery stunned by trafficking testimony

5 days ago - 12 October 2018 | Justice

KENYA KAMBOWE Shocking revelations have emerged in the bail application of two suspects arrested for allegedly trafficking and sexually abusing...

Oonakutamanekelwa oshipotha shekwatopombambyona ya hala omboloha

5 days ago - 12 October 2018 | Justice

Okwa holoka omaumbangi taga halutha, sha landula etamekitho lyeindilo lyomboloha ndyoka lya ningwa kaatamanekwa yaali mboka taya tamanekelwa oshipotha shekwatopombambyona oshowo emonitho lyiihuna paihulo okanona...

'Wicked' stepmother granted bail

1 week ago - 10 October 2018 | Justice

The woman who allegedly poured boiling water over her ten-year-old stepdaughter was granted bail of N$2 500 by the Ondangwa Magistrate's Court yesterday afternoon.Pafunisia Mwadhina...

Dippenaar 'was responsible'

1 week ago - 10 October 2018 | Justice

The horrific accident of 29 December 2014 near Henties Bay, which claimed six lives, was “caused by the driver of the Toyota FJ Cruiser”.This incriminating...

Cango Construction fights SME Bank lawsuit

1 week ago - 10 October 2018 | Justice

The liquidators of the SME Bank, Dave Bruni and Ian McLaren, are suing Cango Construction, with registered offices in Oshakati and its principal place of...

Chinese drop airport bombshell

1 week ago - 09 October 2018 | Justice

A Chinese company has alleged in its High Court papers that the Namibia Airports Company (NAC) cancelled the awarding of a N$211 million tender to...

Kamushinda fights cost order

1 week ago - 09 October 2018 | Justice

Metropolitan Bank of Zimbabwe and World Eagle Investment have denied liability to pay the N$750 000 cost security demanded by SME Bank liquidators David Bruni...

Kalunga guilty of Valentine's murders

1 week ago - 08 October 2018 | Justice

The Oshakati High Court on Friday found Mathias kaShindinge Kalunga (48) guilty of a double murder after he shot his wife and her lover on...

Mom sues over 'vaccination death'

1 week ago - 08 October 2018 | Justice

The health ministry has denied any wrongdoing relating to the death of six-week-old infant at Rehoboth in June 2016, shortly after a routine vaccination at...

Latest News

Katrina targets sex pests

21 hours ago | Education

A draft bill makes it compulsory for education minister Katrina Hanse-Himarwa to report those impregnating schoolgirls aged younger than 16 to the relevant authorities, while...

Plundered into poverty

21 hours ago | Economics

The country's raw materials continue to benefit foreign multinationals and a handful of locally connected tenderpreneurs.Despite the government's undertaking to promote 'Growth at Home' to...

Otjikoto remains a B2Gold heavyweight

21 hours ago | Business

Jo-Maré Duddy – The Otjikoto gold mine, majority-owned by B2Gold Corp, was the third biggest contributor to the Vancouver-based miner’s total production for the first...

SPYL dismayed by SOE misery

21 hours ago | Politics

The Swapo Party Youth League (SPYL) is dismayed by the squabbles and leadership battles haunting state-owned enterprises (SOEs), and has called on line ministers to...

Corruption claims taint army

21 hours ago | Columns

Namibian Sun lifted the veil last week on corruption allegations in the Namibia Defence Force (NDF), where deserving soldiers are allegedly being overlooked for promotions,...

Buy-A-Brick initiative targets 1000...

21 hours ago | Economics

These houses are meant for Namibians in the low-­to-no income groups after ­co-partners in the private sector expressed interest in funding the ­programme. Standard Bank...

New twist in Kahimise study...

21 hours ago | Government

A study loan that forms the basis of an alleged politically motivated attempt to suspend Windhoek CEO Robert Kahimise was approved by the human resources...

Mutorwa reinstates Gawanas-Vugs

21 hours ago | Transport

Transport minister John Mutorwa has reversed his decision to fire Beverly Gawanas-Vugs from the Namibia Airports Company (NAC) board.Mutorwa fired the entire NAC board last...

Company news in brief

21 hours ago | Business

Pick n Pay H1 profit jumpsSouth African supermarket chain Pick n Pay Stores yesterday said half-year profit before tax jumped 19.1% as price cuts attracted...

Load More