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Tuesday, January 25, 2005 - Web posted at 7:42:46 GMT

Messenger of Court kept waiting on fraud charges

MAGGI BARNARD

A FRAUD case involving the Messenger of the Court at Swakopmund was yesterday postponed for another month to await a decision by the Prosecutor General.

The PG has to decide whether to prosecute Marlene Viljoen (48), who was in the employ of Government at the time of her arrest.

After her arrest and first appearance in court on July 27, she was suspended in September pending the outcome of the case.

During her previous appearance, her legal counsel, Piet Burger of Kinghorn Associates, accused the Police of prolonging the investigation unnecessarily, saying it was to the "extreme detriment" of his client.

Burger yesterday repeated his criticism of the delay, as only one sentence of his previous statement was recorded.

He said it was an extremely simple allegation to investigate, but it took six months before it could be referred to the PG's office.

Burger said the Police were requested to first obtain a decision from the PG before making an arrest, as he knew it would result in the suspension of Viljoen.

"My client has been without an income for six months. She is running out of surplus funds, and she might still have to pay someone to defend her in court," he pointed out.

He emphasised that her constitutional right to a fair and speedy trial was being violated.

"I trust the PG would have made a decision by February 24," Burger said.

Viljoen, whose N$800 bail was extended until February 24, allegedly served a summons on a businessman, but never paid the money over to the commercial bank to which it was owed.

The case is expected to highlight the absence of legislation applicable to Messengers of the Court and the money they handle.

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