Gem dealers’ N$1m hanging by a thread

TWO New York City-based diamond dealers caught in a diamond-dealing trap in Namibia late last year are in danger of losing the N$1 million that they paid to be released on bail.

The money will be forfeited to the State if they do not make it back into the dock in the Windhoek Magistrate’s Court within two weeks. The dock before Magistrate Helvi Shilemba remained empty when the case of Daniel Baruchov and Samuel Shapiro was called in the Windhoek Magistrate’s Court on Tuesday.With Baruchov and Shapiro supposed to make their first court appearance since the last postponement of their case on November 22 last year, the prosecution was ready to have the case transferred to the Windhoek Regional Court for the start of a fast-tracked trial for the two men this week.Because of the duo’s absence, the plan to transfer the case for trial was not carried through.According to a written instruction from the Prosecutor General that was handed to Magistrate Shilemba, the PG has decided to arraign Baruchov and Shapiro in the Regional Court on a first charge of receiving or purchasing 19 unpolished diamonds – weighing 76,13 carats and valued at N$1 219 903,85 – in Windhoek without a valid licence on November 16 last year.They must face a second charge of possessing three unpolished diamonds, weighing 13,06 carats and valued at N$36 627,62, in Windhoek without the required licence on November 16 last year, the PG instructed further.The two men were arrested at the Windhoek Country Club Resort on November 16 last year.Shortly after they were taken into custody it was reported that they were arrested after members of the Namibian Police’s Protected Resources Unit had lured the two men, both claimed to be diamond dealers based in New York City, into a trap.In court on behalf of the two absent accused men on Tuesday were lawyers Esi Schimming-Chase and Irvin Titus.Schimming-Chase informed the Magistrate that Shapiro was ill and that a doctor in Israel had advised him not to travel for the next few weeks.She added that she was told that because Shapiro in any event was not going to be able to travel to Windhoek for this week’s court appearance, Baruchov also decided to avoid the costs of travelling from the United States to Namibia for what was expected to only be a further postponement of their case.Schimming-Chase asked the Magistrate to hold over a warrant for the absent men’s arrest if she was going to issue such a warrant, and to also hold over the cancellation and forfeiture of the men’s bail for four weeks if the Magistrate was going to decide to provisionally cancel their bail and declare it forfeited to the State.She holds instructions that both Baruchov and Shapiro are adamant that they want to stand trial in Namibia, Schimming-Chase said.They have no intention of losing such a large amount of money as N$1 million – each of the men had to pay N$500 000 bail – by failing to stand trial, Schimming-Chase said.In reply, Public Prosecutor Ingrid Husselman asked that a provisional warrant for the two men’s arrest be issued.She said their lawyer had been told that the case was supposed to proceed this week, either with the two accused who were to be asked to give their pleas on the charges against them, or with their case that was to be transferred to the Regional Court for trial.Magistrate Shilemba was not swayed by Schimming-Chase’s arguments.She said she would treat the case of Baruchov and Shapiro, who had deposited unusually large amounts of money to be released on bail, just as she treated the case of anyone accused of a smaller crime like shoplifting.Baruchov and Shapiro had been told in no uncertain terms during their last court appearance that they had to appear in court again on Tuesday, the Magistrate said.She issued a warrant for the two men’s arrest and also provisionally cancelled their bail and provisionally declared the bail money to be forfeited to the State.The arrest warrant was held over until June 19, while the cancellation and forfeiture of the bail were also made provisional until June 19.If the two men do not appear before her by then with a satisfactory explanation for their failure to appear in court this week, she will finally cancel their bail and declare the N$1 million in bail money forfeited to the State, she warned.The dock before Magistrate Helvi Shilemba remained empty when the case of Daniel Baruchov and Samuel Shapiro was called in the Windhoek Magistrate’s Court on Tuesday.With Baruchov and Shapiro supposed to make their first court appearance since the last postponement of their case on November 22 last year, the prosecution was ready to have the case transferred to the Windhoek Regional Court for the start of a fast-tracked trial for the two men this week.Because of the duo’s absence, the plan to transfer the case for trial was not carried through. According to a written instruction from the Prosecutor General that was handed to Magistrate Shilemba, the PG has decided to arraign Baruchov and Shapiro in the Regional Court on a first charge of receiving or purchasing 19 unpolished diamonds – weighing 76,13 carats and valued at N$1 219 903,85 – in Windhoek without a valid licence on November 16 last year.They must face a second charge of possessing three unpolished diamonds, weighing 13,06 carats and valued at N$36 627,62, in Windhoek without the required licence on November 16 last year, the PG instructed further.The two men were arrested at the Windhoek Country Club Resort on November 16 last year.Shortly after they were taken into custody it was reported that they were arrested after members of the Namibian Police’s Protected Resources Unit had lured the two men, both claimed to be diamond dealers based in New York City, into a trap. In court on behalf of the two absent accused men on Tuesday were lawyers Esi Schimming-Chase and Irvin Titus.Schimming-Chase informed the Magistrate that Shapiro was ill and that a doctor in Israel had advised him not to travel for the next few weeks.She added that she was told that because Shapiro in any event was not going to be able to travel to Windhoek for this week’s court appearance, Baruchov also decided to avoid the costs of travelling from the United States to Namibia for what was expected to only be a further postponement of their case.Schimming-Chase asked the Magistrate to hold over a warrant for the absent men’s arrest if she was going to issue such a warrant, and to also hold over the cancellation and forfeiture of the men’s bail for four weeks if the Magistrate was going to decide to provisionally cancel their bail and declare it forfeited to the State.She holds instructions that both Baruchov and Shapiro are adamant that they want to stand trial in Namibia, Schimming-Chase said.They have no intention of losing such a large amount of money as N$1 million – each of the men had to pay N$500 000 bail – by failing to stand trial, Schimming-Chase said.In reply, Public Prosecutor Ingrid Husselman asked that a provisional warrant for the two men’s arrest be issued.She said their lawyer had been told that the case was supposed to proceed this week, either with the two accused who were to be asked to give their pleas on the charges against them, or with their case that was to be transferred to the Regional Court for trial.Magistrate Shilemba was not swayed by Schimming-Chase’s arguments.She said she would treat the case of Baruchov and Shapiro, who had deposited unusually large amounts of money to be released on bail, just as she treated the case of anyone accused of a smaller crime like shoplifting.Baruchov and Shapiro had been told in no uncertain terms during their last court appearance that they had to appear in court again on Tuesday, the Magistrate said.She issued a warrant for the two men’s arrest and also provisionally cancelled their bail and provisionally declared the bail money to be forfeited to the State.The arrest warrant was held over until June 19, while the cancellation and forfeiture of the bail were also made provisional until June 19.If the two men do not appear before her by then with a satisfactory explanation for their failure to appear in court this week, she will finally cancel their bail and declare the N$1 million in bail money forfeited to the State, she warned.