Corruption suspect Dirk risks bail cancellation

THE Managing Director of fresh produce importers and suppliers Dirk Fruit, Shamil Dirk, who was recently set free on bail of N$100 000 on a charge of corruption, is in danger of being locked up again for breaching his bail conditions.

It is alleged that the 33-year-old Dirk – whose family owns one of the country’s largest importers and distributors of fresh produce – attempted to interfere with the Anti-Corruption Commission’s investigation of the case in which he has been charged. Dirk made a second court appearance on Friday following his arrest on June 12.With his appearance in the Noordoewer Magistrate’s Court on Friday, Public Prosecutor Barry Mufana applied to Magistrate M Dube to have Dirk’s bail revoked for failing to comply with conditions on which he had been granted bail in the first place.With Dirk’s appearance in court at Noordoewer, he was added as an accused in a case in which customs official Stephanus Owoseb has faced a charge of bribery since early this year already.It is alleged that Owoseb, a chief customs officer at the Noordoewer border post, pocketed bribes totalling some N$700 000 over a period of one year to delete Dirk Fruit’s import declaration entry forms to evade customs duties.It has been reported that Owoseb allegedly received kickbacks from Dirk Fruit through his son’s bank account.An ACC investigator, Detective Inspector Phelem Masule, on Friday testified that Dirk, working through former ACC employee Phillip Awaala, allegedly attempted to persuade a secretary at the office of the ACC to sneak out crucial export papers needed for the subsequent trial from the ACC’s office.Awaala, who also testified on Friday, conceded that Dirk approached him at one stage last week and asked him whether he knew someone at the ACC who could sneak out export papers related to alleged bribery charges he faces from the office.Dirk was set free on bail on condition that he reports at the offices of the ACC three times a day during the week.He also has to surrender all his travel documents to the investigating officer dealing with his case and may not apply for new travel documents while he remains on bail.In addition, Dirk may not leave the Windhoek district without permission from the investigation officer and may not interfere with the investigation of his case.The court hearing into the bail cancellation application was postponed until tomorrow, while Dirk and Owoseb have to make a next joint court appearance on August 15.Both Owoseb and Dirk remain free on bail.Dirk is charged under the section 38 (b) of the Anti-Corruption Act of 2003.That section deals with bribery of public officers.It makes it an offence for any person to offer or give a public officer any gratification as an inducement or reward for performing any official act.If someone is found guilty of contravening this part of the Act, he or she may be sentenced to pay a fine up to N$500 000 or to imprisonment of up to 25 years, or both such a fine and jail term, the Act states.For the Dirk family, the arrest of Shamil Dirk started a week of legal troubles that are still continuing.Six days after Dirk’s arrest, his sister, Najwa Petersen (45), was arrested in Cape Town on a charge of murder.She is being accused of having hired assassins to murder her husband, well-known South African musician and composer Taliep Petersen, in their home in Cape Town on December 16 last year.Petersen was killed execution-style when he was shot in the back of the head after being tied up in his home.Three men who are accused of having carried out the killing on the widow’s instructions were also arrested in Cape Town during the week after Dirk’s arrest in Namibia.Mrs Petersen is still in Police custody.* Additional reporting by Werner MengesDirk made a second court appearance on Friday following his arrest on June 12.With his appearance in the Noordoewer Magistrate’s Court on Friday, Public Prosecutor Barry Mufana applied to Magistrate M Dube to have Dirk’s bail revoked for failing to comply with conditions on which he had been granted bail in the first place.With Dirk’s appearance in court at Noordoewer, he was added as an accused in a case in which customs official Stephanus Owoseb has faced a charge of bribery since early this year already.It is alleged that Owoseb, a chief customs officer at the Noordoewer border post, pocketed bribes totalling some N$700 000 over a period of one year to delete Dirk Fruit’s import declaration entry forms to evade customs duties.It has been reported that Owoseb allegedly received kickbacks from Dirk Fruit through his son’s bank account. An ACC investigator, Detective Inspector Phelem Masule, on Friday testified that Dirk, working through former ACC employee Phillip Awaala, allegedly attempted to persuade a secretary at the office of the ACC to sneak out crucial export papers needed for the subsequent trial from the ACC’s office.Awaala, who also testified on Friday, conceded that Dirk approached him at one stage last week and asked him whether he knew someone at the ACC who could sneak out export papers related to alleged bribery charges he faces from the office.Dirk was set free on bail on condition that he reports at the offices of the ACC three times a day during the week.He also has to surrender all his travel documents to the investigating officer dealing with his case and may not apply for new travel documents while he remains on bail.In addition, Dirk may not leave the Windhoek district without permission from the investigation officer and may not interfere with the investigation of his case.The court hearing into the bail cancellation application was postponed until tomorrow, while Dirk and Owoseb have to make a next joint court appearance on August 15.Both Owoseb and Dirk remain free on bail.Dirk is charged under the section 38 (b) of the Anti-Corruption Act of 2003.That section deals with bribery of public officers.It makes it an offence for any person to offer or give a public officer any gratification as an inducement or reward for performing any official act.If someone is found guilty of contravening this part of the Act, he or she may be sentenced to pay a fine up to N$500 000 or to imprisonment of up to 25 years, or both such a fine and jail term, the Act states.For the Dirk family, the arrest of Shamil Dirk started a week of legal troubles that are still continuing.Six days after Dirk’s arrest, his sister, Najwa Petersen (45), was arrested in Cape Town on a charge of murder.She is being accused of having hired assassins to murder her husband, well-known South African musician and composer Taliep Petersen, in their home in Cape Town on December 16 last year.Petersen was killed execution-style when he was shot in the back of the head after being tied up in his home.Three men who are accused of having carried out the killing on the widow’s instructions were also arrested in Cape Town during the week after Dirk’s arrest in Namibia.Mrs Petersen is still in Police custody.* Additional reporting by Werner Menges