In December 2000 the former Okahandja-based transport company owner was sentenced to an effective six years behind bars after he was found guilty on three counts of fraud.

The Supreme Court last week lowered the sentence imposed by Judge Sylvester Mainga in the High Court.

Acting Judge of Appeal Bryan O'Linn set aside the sentences on two of the charges and substituted them with a five-year prison term. Chief Justice Johan Strydom and Acting Judge of Appeal Fred Chomba agreed with the judgement.

The Supreme Court left unchanged a third charge for which Myburgh was sentenced to an additional jail term of one year.

Myburgh was prosecuted for his role in a fraud scheme in which a former manager at Commercial Bank of Namibia, Carl von Schlicht, was accused of organising financing for fictitious transactions involving the supposed buying of trucks and trailers.

The court found that Myburgh and Von Schlicht had arranged for Commercial Bank to finance two N$250 000 truck-buying transactions for two of Myburgh's employees, whereas they knew such transactions had never taken place.

The offences were committed in October and November 1994.
Von Schlicht fled to South Africa before he could be charged and prosecuted.

Acting Judge O'Linn decided that the High Court did not give sufficient weight to the masterminding role Von Schlicht played in the transactions.

He remarked that the bank had been "extremely lax in its administration and control", and that the major cause for the loss they suffered had been their own officials.

The High Court also did not give the necessary weight to the argument that Myburgh did not intend to cause prejudice to the bank, and he had, at all times, intended to repay the borrowed money to the bank, the Supreme Court found.

Myburgh's appeal was argued by Senior Counsel Etienne du Toit, assisted by Zagrys Grobler. Deputy Prosecutor General Danie Small represented the State.

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