Two men accused of involvement in the theft of cheques to the value of N$3.9 million from the Ministry of Finance are facing a reduced number of charges after a ruling delivered in their long-running trial in the Windhoek High Court.
Businessman Antoine Mbok is still facing four charges following the ruling by judge Nate Ndauendapo, Mbok’s company, M Finance, is facing five charges, and a co-accused, Daniel Nghiwilepo, still has two charges to answer to.
Ndauendapo discharged Mbok on six counts, M Finance on five counts and Nghiwilepo on eight counts in his ruling on Wednesday.
The ruling was given after the state concluded its case in the trial of Mbok, M Finance and Nghiwilepo.
Mbok, who is charged both in his personal capacity and as a representative of M Finance, and Nghiwilepo pleaded not guilty to 10 main charges and alternative charges at the start of their trial in March 2015.
The state is alleging that five cheques which a former clerk in the Ministry of Finance, Veronika Thomas, stole from the ministry from January to March 2010 were later deposited into the bank account of M Finance, of which Mbok was the sole director at the time.
The cheques had a total value of more than N$3.94 million.
Thomas was sentenced to an eight-year prison term after she admitted guilt on five counts of corruptly using an office or position for gratification in February 2012.
Testifying as a prosecution witness in the trial of Mbok, M Finance and Nghiwilepo, Thomas said she stole the cheques and gave them to Nghiwilepo after he had asked her to get hold of cheques that taxpayers delivered to the finance ministry.
Ndauendapo found in his ruling that Thomas was the only witness who implicated Nghiwilepo.
She was a single witness and had previously been convicted of crimes involving dishonesty, and her evidence had to be treated with caution, Ndauendapo said.
He noted that Thomas could only remember details about two cheques that she said she handed to Nghiwilepo, and could not remember where she handed the other cheques to him.
Ndauendapo placed Nghiwilepo on his defence on two alternative charges of conspiring with Thomas to commit an offence under the Anti-Corruption Act in connection with cheques in amounts of N$121 212 and N$228 494 that Thomas said she handed to him.
Ndauendapo also noted that there was evidence that the five cheques stolen from the finance ministry were deposited into a bank account of Mbok’s company, M Finance.
Mbok and M Finance were discharged on five counts of corruptly using an office or position for gratification and alternative charges of theft or conspiring with another person to commit an offence of corruption.
Mbok and Nghiwilepo have to appear in the High Court again on Thursday.
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