Bail rules too lax
Legal experts believe that the issue of bail in high-profile cases should be revised to keep up with a changing world.
The bail conditions of suspects implicated in the massive N$3.5 billion tax evasion, fraud and money-laundering case before the Windhoek Magistrate's Court have been criticised by the ombudsman, John Walters, and a legal expert.
This follows the disappearance of one of the suspects, as well as the reported death of one of the accused in China recently.
The Windhoek Magistrate's Court was last week informed of the death of Zhu Honggang, one of the first suspects to be arrested in the high profile case, in China. He was out on bail of N$500 000.
The court also issued a warrant of arrest for Jinrong Huang, who failed to attend court proceedings last week.
As a result his N$1.5 million bail was forfeited to the state.
He is still at large, according to the Namibian Police.
Constitutional export Nico Horn this week argued that the Namibian judicial process is still stuck in the past and often unable to differentiate between serious and less serious offences when bail is granted.
“I think the biggest problem is the process of bail. If you look at a N$3.5 billion count, then bail of N$1 million is nothing. I would not consider that very stringent conditions,” said Horn.
He added that Namibia must adapt to a “new situation” with the influx of foreigners, which creates the possibility of huge fraud.
“In the past we were extremely reluctant to grant bail in cases involving foreigners because of the possibility of absconding and if it was fraud then there were always very stringent conditions.
They were, for instance, not allowed to withdraw money and had to report to the police station twice a day to prevent them from travelling,” Horn said.
He also questioned Namibia's ability to monitor foreigners' travel documents such as passports, which allow them to easily abscond.
“We must also establish whether we have an extradition agreement with China and especially countries that do not have the same judicial system as us.
“In China, although things have improved in the last few years, they still have a very different system,” he said.
In total six Chinese suspects are now facing charges in the case, including prominent businessman Jack Huang.
Walvis Bay-based businessman Laurentius Julius is the only Namibian national so far arrested in the matter.
In terms of their bail conditions, the Chinese nationals are expected to report at the Windhoek police station every Monday and Friday.
They also had to hand in all their travel documents and may only travel outside the country with the consent of the investigating officer.
'Unbailable'
Ombudsman Walters believes certain offences must be made 'unbailable'.
He also questions why bail was granted to foreign suspected criminals while Namibian farmer Kai Rust's bail application has repeatedly failed.
Rust was arrested on 27 January last year, following a shooting incident which claimed the life of an alleged poacher at his family's farm. He was only granted bail recently.
“Why do you grant bail to a foreigner and not a Namibian whose home is here?” Walters questioned.
Innocent until proven guilty
Justice Minister Albert Kawana emphasised that bail should not be seen as a punishment; although he admitted that the courts must “catch up” to the changing environment.
According to him, there are ongoing efforts to tighten laws but the granting of bail remains the prerogative of a presiding officer and depends on the strength of the prosecution.
“Laws are not static. They are dynamic and the Namibian law must catch up, but absconding is human nature. Suspects will give their word that they will not run away but sometimes they do,” said Kawana.
JEMIMA BEUKES
This follows the disappearance of one of the suspects, as well as the reported death of one of the accused in China recently.
The Windhoek Magistrate's Court was last week informed of the death of Zhu Honggang, one of the first suspects to be arrested in the high profile case, in China. He was out on bail of N$500 000.
The court also issued a warrant of arrest for Jinrong Huang, who failed to attend court proceedings last week.
As a result his N$1.5 million bail was forfeited to the state.
He is still at large, according to the Namibian Police.
Constitutional export Nico Horn this week argued that the Namibian judicial process is still stuck in the past and often unable to differentiate between serious and less serious offences when bail is granted.
“I think the biggest problem is the process of bail. If you look at a N$3.5 billion count, then bail of N$1 million is nothing. I would not consider that very stringent conditions,” said Horn.
He added that Namibia must adapt to a “new situation” with the influx of foreigners, which creates the possibility of huge fraud.
“In the past we were extremely reluctant to grant bail in cases involving foreigners because of the possibility of absconding and if it was fraud then there were always very stringent conditions.
They were, for instance, not allowed to withdraw money and had to report to the police station twice a day to prevent them from travelling,” Horn said.
He also questioned Namibia's ability to monitor foreigners' travel documents such as passports, which allow them to easily abscond.
“We must also establish whether we have an extradition agreement with China and especially countries that do not have the same judicial system as us.
“In China, although things have improved in the last few years, they still have a very different system,” he said.
In total six Chinese suspects are now facing charges in the case, including prominent businessman Jack Huang.
Walvis Bay-based businessman Laurentius Julius is the only Namibian national so far arrested in the matter.
In terms of their bail conditions, the Chinese nationals are expected to report at the Windhoek police station every Monday and Friday.
They also had to hand in all their travel documents and may only travel outside the country with the consent of the investigating officer.
'Unbailable'
Ombudsman Walters believes certain offences must be made 'unbailable'.
He also questions why bail was granted to foreign suspected criminals while Namibian farmer Kai Rust's bail application has repeatedly failed.
Rust was arrested on 27 January last year, following a shooting incident which claimed the life of an alleged poacher at his family's farm. He was only granted bail recently.
“Why do you grant bail to a foreigner and not a Namibian whose home is here?” Walters questioned.
Innocent until proven guilty
Justice Minister Albert Kawana emphasised that bail should not be seen as a punishment; although he admitted that the courts must “catch up” to the changing environment.
According to him, there are ongoing efforts to tighten laws but the granting of bail remains the prerogative of a presiding officer and depends on the strength of the prosecution.
“Laws are not static. They are dynamic and the Namibian law must catch up, but absconding is human nature. Suspects will give their word that they will not run away but sometimes they do,” said Kawana.
JEMIMA BEUKES
Comments
Namibian Sun
No comments have been left on this article