Josea takes the fall
Nico Josea was effectively been left holding the baby at the end of the marathon Avid fraud trial and will serve 17 years in prison, while his four co-accused get to go home after paying fines.
Contrasting scenes played out in the Windhoek High Court yesterday as convicted Avid kingpin Nico Josea sat isolated and forlorn while his co-accused celebrated their suspended sentences after a marathon trial.
Even as Josea was whisked away to start his 17-year sentence, Ralph Blaauw and his wife Sharon, former deputy works minister Paulus Kapia, accountant Inez /Gâses and their loved ones celebrated following Judge Christie Liebenberg sentencing proceedings.
/Gâses, who with Ralph Blaauw and Kapia received a N$60 000 fine or three years imprisonment, first fell to her knees in prayer as tears streamed down her cheeks, before embracing her father for what seemed like minutes.
“I am overwhelmed and can't express my joy in words,” /Gâses told Namibian Sun shortly after the sentencing.
“I thank God for how everything ended. I think the sentencing was fair.”
The Blaauw couple also embraced with relief visible on both their faces.
Sharon Blaauw, who was convicted for reckless business conduct, was slapped with a meagre N$8 000 fine or six months imprisonment.
In the other corner Kapia, who had thrown himself at the mercy of the court and pleaded for a suspended sentence, said he was relieved man.
“Last night I prayed to God. I never touched Social Security Commission money. I never collaborated with anyone who stole the money,” he said while surrounded by family members.
“From this struggle I will go home. Shame to those reactionaries on Facebook.”
Earlier Liebenberg had given an indication of what may follow by explaining that the Blaauw couple, Kapia and /Gâses did not know the N$30 million SSC funds transferred to Avid Investment Corporation in 2005 would be stolen.
Ralph, Kapia and /Gâses were convicted of fraud, while Josea was found guilty of theft by conversion and reckless business conduct. It became very clear that Josea, who was the only one left alive who had personally benefitted from the crime, would receive the stiffest sentence.
“He personally benefitted from the crime and besides the amount of N$3.2 million that was initially kept by him, a further N$14.9 million was paid in his personal bank account. Mention was made about the amount of N$4 million he transferred to an account held by (Lazarus) Kandara and monies paid back by his church,” Liebenberg said.
“As mentioned the accused, upon receipt of the money, paid his debts and that of others, while squandering the rest. The extravagance of these handouts, while knowing it involved stolen money, significantly increases his blameworthiness.”
Liebenberg also confirmed that N$11 million of the money transferred to Namangol had been recovered following the company's liquidation and Josea's sequestration.
Yesterday's sentencing proceedings brought the curtain down on a fraud saga that had included political connections and name-dropping to defraud the SSC. Josea's company, Namangol Investments, received N$29.5 million of the SSC funds shortly after the full amount of N$30 million was transferred to Avid.
Liebenberg found that Josea and South African investment broker Alan Rosenberg had been in cahoots with the swanky businessman, the late Lazarus Kandara, who concocted the scheme to swindle money out of the SCC. Kapia, /Gâses and former Swapo youth leader Ralph Blaauw received an option of a fine.
However, the court suspended two of their three-year sentence on condition that they are not found guilty of a similar offence during the period of suspension.
Sharon on the other hand, would have been forgiven for feeling slightly aggrieved for wasting 13 years of her life on the Avid saga, after she was given a measly fine.
Interest of society
Liebenberg also said during sentencing that it was not difficult to understand the feelings and emotions of society who are no longer prepared to put up with criminals in their midst, and who voiced the anger and frustration by way of public demonstration or showing a keen interest in the outcome of criminal cases.
“The courts have the duty to serve the interest of society and though cognisant of their feelings and expectations, it should blindly adhered thereto, but it has decide what sentence in the circumstances of the particular case, will do justice to society as well as the accused,” he said.
Pedri Theron, who appeared on behalf of /Gâses, said he was satisfied with the outcome.
“It is a properly considered sentence,” he said.
FRED GOEIEMAN
Even as Josea was whisked away to start his 17-year sentence, Ralph Blaauw and his wife Sharon, former deputy works minister Paulus Kapia, accountant Inez /Gâses and their loved ones celebrated following Judge Christie Liebenberg sentencing proceedings.
/Gâses, who with Ralph Blaauw and Kapia received a N$60 000 fine or three years imprisonment, first fell to her knees in prayer as tears streamed down her cheeks, before embracing her father for what seemed like minutes.
“I am overwhelmed and can't express my joy in words,” /Gâses told Namibian Sun shortly after the sentencing.
“I thank God for how everything ended. I think the sentencing was fair.”
The Blaauw couple also embraced with relief visible on both their faces.
Sharon Blaauw, who was convicted for reckless business conduct, was slapped with a meagre N$8 000 fine or six months imprisonment.
In the other corner Kapia, who had thrown himself at the mercy of the court and pleaded for a suspended sentence, said he was relieved man.
“Last night I prayed to God. I never touched Social Security Commission money. I never collaborated with anyone who stole the money,” he said while surrounded by family members.
“From this struggle I will go home. Shame to those reactionaries on Facebook.”
Earlier Liebenberg had given an indication of what may follow by explaining that the Blaauw couple, Kapia and /Gâses did not know the N$30 million SSC funds transferred to Avid Investment Corporation in 2005 would be stolen.
Ralph, Kapia and /Gâses were convicted of fraud, while Josea was found guilty of theft by conversion and reckless business conduct. It became very clear that Josea, who was the only one left alive who had personally benefitted from the crime, would receive the stiffest sentence.
“He personally benefitted from the crime and besides the amount of N$3.2 million that was initially kept by him, a further N$14.9 million was paid in his personal bank account. Mention was made about the amount of N$4 million he transferred to an account held by (Lazarus) Kandara and monies paid back by his church,” Liebenberg said.
“As mentioned the accused, upon receipt of the money, paid his debts and that of others, while squandering the rest. The extravagance of these handouts, while knowing it involved stolen money, significantly increases his blameworthiness.”
Liebenberg also confirmed that N$11 million of the money transferred to Namangol had been recovered following the company's liquidation and Josea's sequestration.
Yesterday's sentencing proceedings brought the curtain down on a fraud saga that had included political connections and name-dropping to defraud the SSC. Josea's company, Namangol Investments, received N$29.5 million of the SSC funds shortly after the full amount of N$30 million was transferred to Avid.
Liebenberg found that Josea and South African investment broker Alan Rosenberg had been in cahoots with the swanky businessman, the late Lazarus Kandara, who concocted the scheme to swindle money out of the SCC. Kapia, /Gâses and former Swapo youth leader Ralph Blaauw received an option of a fine.
However, the court suspended two of their three-year sentence on condition that they are not found guilty of a similar offence during the period of suspension.
Sharon on the other hand, would have been forgiven for feeling slightly aggrieved for wasting 13 years of her life on the Avid saga, after she was given a measly fine.
Interest of society
Liebenberg also said during sentencing that it was not difficult to understand the feelings and emotions of society who are no longer prepared to put up with criminals in their midst, and who voiced the anger and frustration by way of public demonstration or showing a keen interest in the outcome of criminal cases.
“The courts have the duty to serve the interest of society and though cognisant of their feelings and expectations, it should blindly adhered thereto, but it has decide what sentence in the circumstances of the particular case, will do justice to society as well as the accused,” he said.
Pedri Theron, who appeared on behalf of /Gâses, said he was satisfied with the outcome.
“It is a properly considered sentence,” he said.
FRED GOEIEMAN
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