Accounts frozen under Organised Crime Act

THE bank and investment accounts and vehicle of an Oranjemund resident became the latest targets of a property preservation order in terms of the Prevention of Organised Crime Act on Friday.

Large cash deposits which an employee of diamond mining company Namdeb, Gerson Uuyuni, made into an investment account in his name in October and November last year, as well as a transaction in which he bought a Toyota bakkie in cash, raised suspicions about the source of this money, it is stated in an affidavit filed with the High Court in the case in which a property preservation order was granted by Judge Louis Muller.The order in terms of the Prevention of Organised Crime Act of 2004 in effect freezes an investment account and two bank accounts in Uuyuni’s name and authorised the Namibian Police to seize his Toyota Hilux bakkie, pending a further application by the Prosecutor General for these assets to be forfeited to the State.The application heard by Judge Muller on Friday was brought to court without notice having been given to Uuyuni. Uuyuni’s lawyer, Sisa Namandje, had written a letter to Uuyuni’s bank to request the immediate release of the funds in his client’s accounts, and these funds were to be released on Friday morning, the court was told.Namandje charged yesterday that the fact that the Prosecutor General approached the court on an ex parte basis is a ‘serious breach’ of his client’s rights.Namandje indicated that Uuyuni would oppose any attempt to have the assets forfeited to the State.Uuyuni is, at this stage, charged with money laundering. He is denying guilt on that charge, Namandje said. Uuyuni is free on bail of N$20 000.Prosecutor General Martha Imalwa informed the court in an affidavit that the Police officer investigating Uuyuni’s case, Chief Inspector Rector Sandema, received a report on a suspicious transaction from the Financial Intelligence Centre during March this year.The report concerned a large amount of money which had been deposited into Uuyuni’s accounts.Bank records showed that a total of N$240 000 was deposited into a Sanlam Unit Trust account in Uuyuni’s name between the start of October and November 29 last year, Imalwa claimed. The money was deposited in three transactions, with the deposits all made in cash, she stated.On an application form for the account Uuyuni declared that the source of the money was a bonus from his employer, Namdeb, Imalwa added.According to Namdeb, Uuyuni did receive an annual bonus at the end of November last year, but his total net pay for that month was some N$19 500. He is earning a basic salary of some N$9 500 a month, Namdeb has informed the Police.Imalwa added that Sandema was also told by a security official at Namdeb that it was possible for someone in Uuyuni’s position as an operator to get in contact with diamonds in the gravel which they remove as part of their job.Uuyuni bought a Toyota Hilux bakkie in cash on November 3 last year, paying N$157 029,30 for the vehicle, Imalwa also told the court.She claimed that from August 2010 to March this year Uuyuni had made cash deposits and bought property in cash to the total amount of N$480 412,47.This amount had not been declared to the tax authorities, she claimed.With no alternative legitimate source for this money found during the Police’s investigation so far, it is concluded that there are reasonable grounds to believe that the money was the proceeds of unlawful activities, namely illegal diamond dealing or tax evasion and money laundering, Imalwa said.