The Anti-Corruption Commission (ACC) says former Namcor executives remain implicated in the N$400-million corruption case, despite no direct payments being traced to their personal accounts.
ACC investigator Oberty Inambao says former National Petroleum Corporation of Namibia (Namcor) managing director Imms Mulunga, and the entity’s former finance manager, Jennifer Hamukwaya, did not receive money directly in their accounts from Enercon and Erongo Petroleum.
Their actions indicate that gratification was created, he said during cross-examination by defence lawyer Francois Bangamwabo on Monday.
Mulunga and Hamukwaya are charged alongside Malakia, Lydia and Peter Elindi, Cedric Willemse, Mirjam Hamukwaya, Panduleni Hamukwaya, Olivia Dunaiski and Leo Nandago, in a case in which Namcor allegedly lost N$400 million.
The suspects face charges including corruptly using public office for self-gratification, contravening sections of the Anti-Corruption Act, conspiracy, racketeering and fraud, among others.
Inambao on Monday said bank statements belonging to Mulunga and Hamukwaya, which were accessed by the ACC, do not reflect direct payments from the two companies into the personal accounts of the two accused persons.
“The fact that there’s no direct payment into their accounts doesn’t rule them out from having committed an offence. We are talking about conspiracy from October 2021,” Inambao said.
Bangamwabo also questioned the legality of the ACC’s confiscation of the suspects’ mobile devices upon their arrest, saying no warrant of arrest was issued.
He said the court will render the evidence gathered from the phones inadmissible, on the basis that the phones were illegally seized.
Inambao has since explained that provisions of the Anti-Corruption Commission Act and the Criminal Procedure Act permit them to seize property under special circumstances.
He said he suspects compromised investigations by alerting each other as they were being arrested.
“When we were arresting Willemse, there was a call coming in from Mulunga and we needed to act swiftly. On that very day, our investigations were compromised and that is why one of the suspects fled and is not here. All of them could have evaded justice,” Inambao testified.
One of the suspects in the matter, Victor Malima, reportedly fled to Angola minutes before he was set to be arrested.
The bail hearing is presided over by magistrate Linus Samunzala. – Nampa
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