Curtain falls on Avid case

THIRTEEN court days, 22 witnesses, 10 lawyers, an acting Judge, almost 2 500 pages of typed testimony and several hundred onlookers – all in search of N$30 million in public funds as a result of a bad business deal struck by the Social Security Commission.

While the hunt for the money is far from over, the High Court inquiry that started two months ago ended just after 18h00 yesterday with much less public attention than it had attracted when it started. In his final remarks, Acting Judge Raymond Heathcote said it was not the purpose of the inquiry for him to make recommendations, deliver a judgement or prescribe to Government how to run its affairs.”I can’t find people guilty and send them to jail.This is not a criminal inquiry,” he said.”This inquiry was simply to assist the liquidators.”Heathcote said he still needed to contemplate allegations made by Christophine Kandara and confirmed by her husband, Avid Investments CEO Lazarus Kandara – the end result of which, he said, could be considered corruption.Heathcote said he firmly also believed that the Prosecutor General should decide whether to prosecute cases of perjury during the inquiry.”The whole purpose of this inquiry is to tell the truth,” he said.The inquiry captured the imagination of many Namibians over the past two months.Every day brought with it new witnesses and new twists, and sometimes bombshell revelations.It was also not without tragedy and shock: Kandara, for whom the inquiry waited a month to answer many questions, is claimed to have committed suicide two weeks ago, barely three days after returning to Namibia and two days in the witness box.THE ROAD AHEAD Yesterday, SSC legal counsel Andrew Corbett said while the liquidators appreciated the inquiry in helping them trace the money, its ultimate success would depend on the extent to which the money could be recovered.He said it was not his place to convince the court that any of the directors should be charged with recklessness or fraud.”I don’t want to suggest that criminal charges be brought against anyone,” he said.The Prosecutor General could decide on this.Corbett said he was very aware of the immense public interest the inquiry had generated and that during his many years in practice he could not recall a more in-depth inquiry of this nature.He said the inquiry demonstrated the effectiveness of the law if properly applied.He said as the liquidators wound up the affairs of Avid Investment Corporation, they would consider the personal liability of directors in the matter but that it was clear from the inquiry that those involved had very little knowledge of their functions.In his final submission to the court, lawyer Richard Metcalfe pointed out that not all the blame for the deal going bad could be placed at the door of the directors and shareholders.He maintained that if the SSC’s management systems were in better shape, the inquiry would never have been necessary in the first place, and that it should accept some responsibility for the botched investment.Metcalfe referred to a decision by suspended SSC CEO Tuli Hiveluah to overrule a move by suspended SSC Finance Manager Avril Green to put the investment on hold.After approving the transfer of funds to Avid on January 22, Green retracted the decision because of alleged concerns about the deal.”Had the CEO heeded the advice of the Finance Manager, we wouldn’t even have been here,” said Metcalfe.Metcalfe represented Green and Avid shareholder Mathias Shiweda in the inquiry.While the Namibian part of the inquiry is now over, several witnesses are still due to appear in South Africa next week.Namangol Investments CEO Nico Josea delivered the longest testimony during the inquiry – right up until the last day – and has been in Police custody on theft and fraud charges for more than a month.Liquidators and Police, both here and in South Africa, will continue to track down and repatriate the SSC money – the majority of which was misappropriated by Josea and still remains outside the country.Only once that aspect has been concluded, and decisions on whether to prosecute any of those involved have been made and proceedings finalised, will the matter be laid to rest.In his final remarks, Acting Judge Raymond Heathcote said it was not the purpose of the inquiry for him to make recommendations, deliver a judgement or prescribe to Government how to run its affairs.”I can’t find people guilty and send them to jail.This is not a criminal inquiry,” he said.”This inquiry was simply to assist the liquidators.”Heathcote said he still needed to contemplate allegations made by Christophine Kandara and confirmed by her husband, Avid Investments CEO Lazarus Kandara – the end result of which, he said, could be considered corruption.Heathcote said he firmly also believed that the Prosecutor General should decide whether to prosecute cases of perjury during the inquiry.”The whole purpose of this inquiry is to tell the truth,” he said. The inquiry captured the imagination of many Namibians over the past two months.Every day brought with it new witnesses and new twists, and sometimes bombshell revelations.It was also not without tragedy and shock: Kandara, for whom the inquiry waited a month to answer many questions, is claimed to have committed suicide two weeks ago, barely three days after returning to Namibia and two days in the witness box.THE ROAD AHEAD Yesterday, SSC legal counsel Andrew Corbett said while the liquidators appreciated the inquiry in helping them trace the money, its ultimate success would depend on the extent to which the money could be recovered.He said it was not his place to convince the court that any of the directors should be charged with recklessness or fraud.”I don’t want to suggest that criminal charges be brought against anyone,” he said.The Prosecutor General could decide on this.Corbett said he was very aware of the immense public interest the inquiry had generated and that during his many years in practice he could not recall a more in-depth inquiry of this nature.He said the inquiry demonstrated the effectiveness of the law if properly applied.He said as the liquidators wound up the affairs of Avid Investment Corporation, they would consider the personal liability of directors in the matter but that it was clear from the inquiry that those involved had very little knowledge of their functions.In his final submission to the court, lawyer Richard Metcalfe pointed out that not all the blame for the deal going bad could be placed at the door of the directors and shareholders.He maintained that if the SSC’s management systems were in better shape, the inquiry would never have been necessary in the first place, and that it should accept some responsibility for the botched investment.Metcalfe referred to a decision by suspended SSC CEO Tuli Hiveluah to overrule a move by suspended SSC Finance Manager Avril Green to put the investment on hold.After approving the transfer of funds to Avid on January 22, Green retracted the decision because of alleged concerns about the deal.”Had the CEO heeded the advice of the Finance Manager, we wouldn’t even have been here,” said Metcalfe.Metcalfe represented Green and Avid shareholder Mathias Shiweda in the inquiry.While the Namibian part of the inquiry is now over, several witnesses are still due to appear in South Africa next week.Namangol Investments CEO Nico Josea delivered the longest testimony during the inquiry – right up until the last day – and has been in Police custody on theft and fraud charges for more than a month.Liquidators and Police, both here and in South Africa, will continue to track down and repatriate the SSC money – the majority of which was misappropriated by Josea and still remains outside the country.Only once that aspect has been concluded, and decisions on whether to prosecute any of those involved have been made and proceedings finalised, will the matter be laid to rest.