State lodges appeal against Gustavo bail

04 January 2022 | Justice

JEMIMA BEUKES

WINDHOEK

Prosecutor-General (PG) Martha Imalwa has set the ball rolling to fight the release of Fishrot accused Ricardo Gustavo from jail in December.

Judge Herman Oosthuizen granted the former Investec executive bail of N$800 000, which Gustavo paid hours after the ruling.

In her appeal notice, Imalwa said High Court Judge Herman Oosthuizen was misdirected and failed to consider and make an ‘appropriate’ ruling.

Her dismay also stems from the fact that Oosthuizen found himself ‘swayed’ with the offer to have Gustavo fitted with a GPS device while fully aware that no legal framework exists that provides for the use of GPS devices to track suspects.

“There is no legal framework that provides for the use of such GPS monitoring devices in Namibia and, more so, the honourable judge did not even identify the type of GPS device or by who and how it should be determined that can be effectively put to use in Namibia.”

According to her, Oosthuizen has a narrow view on public interest and failed to consider that the public interest is broader and needs a comprehensive interpretation.

“Evidence tendered by the State showed that the respondent [Gustavo] was or is a member of a sophisticated syndicate whose criminal activities allegedly had a devastating and crippling negative effect on the economy and the state resources and that the public interest surrounding the now infamous Fishrot scandal is debatably intense,” she said.

Imalwa insisted that Gustavo faces serious charges and has failed to answer to the documentary evidence provided by the State and that he will be convicted on some of the charges he had no defence to during the bail hearing.

He will flee

According to Imalwa, Gustavo has no work ties to Namibia and is likely to lose his assets, which are currently frozen and forfeited to the State, which makes him a flight risk.

She also charged that Oosthuizen failed to consider that Gustavo frequently travels to Angola, where he still has family ties after his parents emigrated to Namibia.

“Not finding that Gustavo’s refusal to take the court in confidence regarding the basic details of this so-called offer or employment indicates that Gustavo did not show that he will be gainfully employed upon release on bail. That four of his co-accused are members of the criminal enterprise including a Namibian citizen are at large, and can easily accommodate Gustavo.”

GPS constitutional crisis

The Anti-Corruption Commission (ACC) yesterday said it finds itself in a “constitutional crisis” over the GPS device that was supposed to be fitted to Gustavo, saying he cannot be tracked “like an animal”.

When he granted Gustavo bail last month, Judge Oosthuizen permitted the State, at its own cost, to affix a personal GPS device to Gustavo’s wrist or ankle in order to monitor his movements around the clock.

It was also ordered that the same GPS devices, at the cost of the State, would be fixed onto the vehicles at his disposal while he is out on bail.

Gustavo himself, during his plea for bail in a bid to convince the court that he is not a flight risk, volunteered to be fitted with a GPS bracelet by means of which the State, police and the ACC could monitor him.

However, ACC investigator Phelem Masule said nothing of this sort has been done yet, because it is a violation of the Namibian Constitution and Gustavo’s rights.

“We did not do anything. We never thought of doing something like this, as it has never been done. How do you take person and tie them like an animal? That GPS story is something we have never dealt with in the system. There are even health implications for putting such a device on a human being. Who is going to answer for that? It has never even been tested. It has never been done. We have to be guided on this,” he said.

Masule also pointed out that they do not have the resources available to procure such devices and may have to put in a special request.

[email protected]

Similar News

 

NSFAF sticks to guns on Nghiwete reinstatement

15 hours ago | Justice

JEMIMA BEUKESThe Namibia Students Financial Assistance Fund (NSFAF) says the trust relationship between itself and its chief executive officer (CEO) Hilya Nghiwete has irretrievably broken...

In the jaws of justice

3 days ago - 21 January 2022 | Justice

ELLANIE SMIT, JANA-MARI SMITH, MATHIAS HAUFIKU AND OGONE TLHAGE · Esau spent N$900k from undeclared account while...

Missed birth defect leads to N$1m lawsuit

3 days ago - 21 January 2022 | Justice

JANA-MARI SMITH WINDHOEKA young mother whose baby lived for only six days is suing...

Anxiety, hope surround landmark same-sex marriage judgment

6 days ago - 18 January 2022 | Justice

JANA-MARI SMITHWINDHOEKThe long legal battle against the government by two Namibians and their same-sex, foreign-born spouses is heading towards a watershed judgment in the Windhoek...

Kora judgment delayed again

6 days ago - 18 January 2022 | Justice

ELLANIE SMITWINDHOEKJudgment in the legal battle involving the cancelled Kora Music Awards event has been postponed again.Judge Herman Oosthuizen, who was supposed to deliver the...

Murder-accused pastors, wives secure legal aid

1 week ago - 17 January 2022 | Justice

Kenya Kambowe KAHENGETwo self-proclaimed pastors and their customary wives from the Kavango West Region, who stand accused of three murders and...

Amadhila duped me, pensioner claims

1 week ago - 14 January 2022 | Justice

OGONE TLHAGE WINDHOEKA 69-year-old pensioner, Tobias Mundjele, claims he was cheated out of a closed corporation he started with northern-based businessman Tobias...

Boulter murder case halted

1 week ago - 12 January 2022 | Justice

ENZO AMUELEKAMANJABMurder-accused Harvey Boulter, who was last year released on N$500 000 bail, made a brief court appearance in the Kamanjab Magistrate’s Court yesterday.This while...

Job changes course on Red Line

2 weeks ago - 10 January 2022 | Justice

ELLANIE SMITWINDHOEKAffirmative Repositioning (AR) activist Job Amupanda has amended the particulars of claim in his court case seeking the removal of the controversial northern veterinary...

Gustavo bail: CRAN weighs in on GPS

2 weeks ago - 06 January 2022 | Justice

Comedy of errors over proposed tracking device CRAN, ACC and the PG have all indicated that they have no legal means to implement Judge Herman...

Latest News

U/20 trials an important starting...

15 hours ago | Sports

ANDREW POOLMANNewly appointed head coach Chrysander Botha accepted the challenge of putting together the strongest possible Namibian under-20 rugby team after the trials held in...

Desert Storm, Tugstsogt settle for...

15 hours ago | Sports

ATLANTIC CITY, N.J. — Sakaria (Desert Storm) Lukas stepped in to the opening bout of a Showtime Championship Boxing card, replacing the COVID-compromised Vic Pasillas in a...

Low volumes of cargo during...

15 hours ago | Economics

PHILLEPUS UUSIKUDuring the month of November 2021, exports amounting to N$5 billion, representing 56.6% of total exports left the country by sea, according to the...

NSFAF sticks to guns on...

15 hours ago | Justice

JEMIMA BEUKESThe Namibia Students Financial Assistance Fund (NSFAF) says the trust relationship between itself and its chief executive officer (CEO) Hilya Nghiwete has irretrievably broken...

Not our tradition – Onesi...

15 hours ago | Cultural

TUYEIMO HAIDULAONESIThe community of Onesi in the Omusati region is not in favour of legalising abortion because their tradition does not allow it.Speaking at the...

Churches condemn mandatory vaccination

15 hours ago | Health

ESTER KAMATIWINDHOEKThe Association of Christian Churches in Namibia (ACCN) has condemned the mandatory vaccination after some companies publicly implied that unvaccinated employees could lose their...

Corporates, don’t give up on...

15 hours ago | Sports

JESSE JACKSON KAURAISAWhen a child is misbehaving at home, as parents, our role is not to chase them away but to mentor them into becoming...

Five spots available for cyclists...

15 hours ago | Sports

NAMPA – The national coach at the cycling federation, Hans du Toit, says the Namibia Cycling Federation (NCF) will use upcoming races to select riders...

Poor nations to receive Merck...

15 hours ago | Economics

FRANCESCO GUARASCIONearly 30 generic drugmakers in Asia, Africa and the Middle East will make cheap versions of Merck & Co's Covid-19 pill, under a landmark...

Load More