Avid trial bogs down again
The so-called Avid Investment fraud case, involving N$30 million of Social Security Commission (SSC) funds that went missing, was halted yesterday after a lawyer for one of the accused suddenly withdrew from the proceedings.
Advocate Werner Boesak, who was representing Inez /Gâses, informed Judge Christie Liebenberg that his mandate to appear on behalf of the accused was terminated, without elaborating any further.
However, this was just the latest incident to halt the proceedings.
In mid-2014, Advocate Richard Metcalfe, who then representing former Namibia Defence Force (NDF) Brigadier General Mathias Shiweda, withdraw from the case, after conceding to State’s allegation of a conflict of interest.
At the time, he was representing Shiweda, after he had previously been the legal representative of a former SSC General Manager of Finance, Avril Green.
Windhoek lawyer Jan Wessels is currently representing Shiweda.
/Gâses, whose late cousin Lazarus Kandara allegedly committed suicide in the company of the police in 2005, after being arrested in connection with the fraud case, yesterday confirmed that Boesak no longer appears on her behalf.
Liebenberg said that under the circumstances, the court accepts Boesak’s withdrawal.
He postponed the case to 16 May for a status hearing, where next trial date will possibly be determined.
Former Swapo Party Youth League (SPYL) leader Paulus Kapia, who is also an accused in the matter, is still under cross-examination, and was warned that he is still under oath and may not at this stage discuss anything concerning the trial with anyone.
Kapia, /Gâses, Shiweda, Otniel Podewiltz, Sharon Blaauw, Ralph Blaauw and Nico Josea have all pleaded not guilty.
They are charged with fraud, alternatively theft, in connection with the alleged embezzlement of the N$30 million that the SSC invested with Avid.
/Gâses, Podewiltz, Kapia, and Sharon Blaauw were all directors of Avid at some stage, while Ralph Blaauw and Shiweda are alleged to have associated themselves with the company.
Their application for discharge was rejected last year.
Kapia this week denied that he had influenced the management of the SSC to secure the N$30 million investment for Avid, in which the SPYL supposedly had shares.
He had said that he informed the top management of the SCC that they should not invest in Avid, if they feel uncomfortable
The youthful former politician alleged in his defence that he was invited by Ralph Blaauw to become a director of Avid, to which he agreed. He secured shareholding for the SPYL in the investment company.
He said he told the top management of SSC that late Kandara was only involved as an advisor or a consultant to Avid, and that he was not a chief executive officer, manager or a shareholder in
Avid.
According to him, it was only in June 2005, when Kandara was arrested, that he became aware that he had signature rights on Avid’s bank accounts.
Kapia had further denied /Gâses’ claim in her plea explanation that the Avid directors in November 2004 passed a resolution to authorise Kandara to become a signatory on the company’s bank accounts.
He also denied her allegation that the directors unanimously entrusted Kandara to handle SSC’s investment, after they transferred the N$30 million into the Avid account.
FRED GOEIEMAN
Advocate Werner Boesak, who was representing Inez /Gâses, informed Judge Christie Liebenberg that his mandate to appear on behalf of the accused was terminated, without elaborating any further.
However, this was just the latest incident to halt the proceedings.
In mid-2014, Advocate Richard Metcalfe, who then representing former Namibia Defence Force (NDF) Brigadier General Mathias Shiweda, withdraw from the case, after conceding to State’s allegation of a conflict of interest.
At the time, he was representing Shiweda, after he had previously been the legal representative of a former SSC General Manager of Finance, Avril Green.
Windhoek lawyer Jan Wessels is currently representing Shiweda.
/Gâses, whose late cousin Lazarus Kandara allegedly committed suicide in the company of the police in 2005, after being arrested in connection with the fraud case, yesterday confirmed that Boesak no longer appears on her behalf.
Liebenberg said that under the circumstances, the court accepts Boesak’s withdrawal.
He postponed the case to 16 May for a status hearing, where next trial date will possibly be determined.
Former Swapo Party Youth League (SPYL) leader Paulus Kapia, who is also an accused in the matter, is still under cross-examination, and was warned that he is still under oath and may not at this stage discuss anything concerning the trial with anyone.
Kapia, /Gâses, Shiweda, Otniel Podewiltz, Sharon Blaauw, Ralph Blaauw and Nico Josea have all pleaded not guilty.
They are charged with fraud, alternatively theft, in connection with the alleged embezzlement of the N$30 million that the SSC invested with Avid.
/Gâses, Podewiltz, Kapia, and Sharon Blaauw were all directors of Avid at some stage, while Ralph Blaauw and Shiweda are alleged to have associated themselves with the company.
Their application for discharge was rejected last year.
Kapia this week denied that he had influenced the management of the SSC to secure the N$30 million investment for Avid, in which the SPYL supposedly had shares.
He had said that he informed the top management of the SCC that they should not invest in Avid, if they feel uncomfortable
The youthful former politician alleged in his defence that he was invited by Ralph Blaauw to become a director of Avid, to which he agreed. He secured shareholding for the SPYL in the investment company.
He said he told the top management of SSC that late Kandara was only involved as an advisor or a consultant to Avid, and that he was not a chief executive officer, manager or a shareholder in
Avid.
According to him, it was only in June 2005, when Kandara was arrested, that he became aware that he had signature rights on Avid’s bank accounts.
Kapia had further denied /Gâses’ claim in her plea explanation that the Avid directors in November 2004 passed a resolution to authorise Kandara to become a signatory on the company’s bank accounts.
He also denied her allegation that the directors unanimously entrusted Kandara to handle SSC’s investment, after they transferred the N$30 million into the Avid account.
FRED GOEIEMAN
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