Gem suspect’s bail forfeited

ONE of the American diamond dealers who was trapped in November last year in an alleged illegal diamond transaction in Windhoek yesterday lost the N$500 000 that he had paid to be released on bail.

The money deposited with the Ministry of Justice on November 22 last year to ensure that New York resident Daniel Baruchov (45) could remain free on bail and that his American passport could be returned to him to enable him to leave Namibia, was declared finally forfeited to the State by Magistrate Petrus Unengu in the Windhoek Magistrate’s Court. The Magistrate also finally cancelled Baruchov’s bail, and ordered that a warrant for his arrest and for the arrest of his co-accused, fellow New York resident Samuel Shapiro (65), which was issued when both of them failed to appear in the Windhoek Magistrate’s Court as scheduled on June 5, would remain in force.Baruchov and Shapiro are set to face a charge of receiving or buying unpolished diamonds and a count of possessing unpolished diamonds in the Windhoek Regional Court when – or if – they go on trial.They are accused of having bought or received 19 unpolished diamonds, weighing 76,13 carats and valued at some N$1,2 million, without a licence in Windhoek on November 16 last year.They also are accused of having had three uncut diamonds, weighing 13,06 carats and valued at N$36 627, in their possession without a licence on the same day.The N$500 000 bail posted by Shapiro will also be finally cancelled and forfeited to the State if Shapiro is not before the court by July 3, Magistrate Unengu further ordered yesterday.Shapiro is under medical treatment in Israel, according to a letter from an Israeli doctor that was sent to their Windhoek lawyers and placed before the court.Because of this explanation, Magistrate Unengu gave Shapiro another two weeks to return to Namibia and to court – or to lose his bail money if he stays away.In Baruchov’s case, there was no documentary explanation before the court for his absence.The men’s lawyer, Irvin Titus, however told the Magistrate that Baruchov was not at court because while Shapiro was ill and absent their case would not proceed to a trial at this stage, and Baruchov wanted to avoid the unnecessary expenses of travelling from the United States to Windhoek just for a routine postponement of the matter.Titus also told the Magistrate that both men have told him that they fully intend to still stand trial in Namibia.In the absence of material to back up Baruchov’s reported explanation, Magistrate Unengu was not convinced by that excuse.He ordered that the provisional cancellation and forfeiture of Baruchov’s bail ordered on June 5 would be made final.Baruchov contacted The Namibian by e-mail after his bail had been provisionally cancelled and forfeited two weeks ago.In his message to the newspaper he claimed that he and Shapiro had been involved in business negotiations with someone in Namibia with a view to first rent and then buy a diamond-cutting factory on the outskirts of Windhoek.After a year of talks in which no final deal was reached, they eventually broke off the negotiations when they came to the conclusion that these were heading nowhere, Baruchov related.After that, though, they found themselves being pestered by their contact person in Namibia, who in the end managed to persuade them to visit Namibia one last time in an attempt to clinch the deal that they had been discussing.However, once inside the country, their contact person told them that there was a deal involving diamonds that the factory wanted to buy and that they should accompany him to a meeting on the transaction, Baruchov wrote.They were being set up, as it turned out that their contact was working for the Police, Baruchov claimed.He added that the money paid for the diamonds was a down payment on the factory.The contact person who drew them into the diamond trap knew it was a set-up “and brought us from the US in order to steal from us and make a set-up”, Baruchov wrote.Shapiro and Baruchov were arrested at the Windhoek Country Club Resort on November 16.They were granted bail of N$300 000 each the next day.Five days later, this amount was increased to N$500 000 for each of them so that their passports could be returned to them to enable them to return to the United States.They were supposed to appear in court again on June 5.On that date, though, neither of the two men was in court.Presiding Magistrate Helvi Shilemba was told that Shapiro was unable to travel because of illness, and that Baruchov also stayed away because he wanted to avoid travelling to Namibia just for a further postponement of their case.The Magistrate also finally cancelled Baruchov’s bail, and ordered that a warrant for his arrest and for the arrest of his co-accused, fellow New York resident Samuel Shapiro (65), which was issued when both of them failed to appear in the Windhoek Magistrate’s Court as scheduled on June 5, would remain in force.Baruchov and Shapiro are set to face a charge of receiving or buying unpolished diamonds and a count of possessing unpolished diamonds in the Windhoek Regional Court when – or if – they go on trial.They are accused of having bought or received 19 unpolished diamonds, weighing 76,13 carats and valued at some N$1,2 million, without a licence in Windhoek on November 16 last year.They also are accused of having had three uncut diamonds, weighing 13,06 carats and valued at N$36 627, in their possession without a licence on the same day.The N$500 000 bail posted by Shapiro will also be finally cancelled and forfeited to the State if Shapiro is not before the court by July 3, Magistrate Unengu further ordered yesterday.Shapiro is under medical treatment in Israel, according to a letter from an Israeli doctor that was sent to their Windhoek lawyers and placed before the court.Because of this explanation, Magistrate Unengu gave Shapiro another two weeks to return to Namibia and to court – or to lose his bail money if he stays away.In Baruchov’s case, there was no documentary explanation before the court for his absence.The men’s lawyer, Irvin Titus, however told the Magistrate that Baruchov was not at court because while Shapiro was ill and absent their case would not proceed to a trial at this stage, and Baruchov wanted to avoid the unnecessary expenses of travelling from the United States to Windhoek just for a routine postponement of the matter.Titus also told the Magistrate that both men have told him that they fully intend to still stand trial in Namibia.In the absence of material to back up Baruchov’s reported explanation, Magistrate Unengu was not convinced by that excuse.He ordered that the provisional cancellation and forfeiture of Baruchov’s bail ordered on June 5 would be made final.Baruchov contacted The Namibian by e-mail after his bail had been provisionally cancelled and forfeited two weeks ago.In his message to the newspaper he claimed that he and Shapiro had been involved in business negotiations with someone in Namibia with a view to first rent and then buy a diamond-cutting factory on the outskirts of Windhoek.After a year of talks in which no final deal was reached, they eventually broke off the negotiations when they came to the conclusion that these were heading nowhere, Baruchov related.After that, though, they found themselves being pestered by their contact person in Namibia, who in the end managed to persuade them to visit Namibia one last time in an attempt to clinch the deal that they had been discussing.However, once inside the country, their contact person told them that there was a deal involving diamonds that the factory wanted to buy and that they should accompany him to a meeting on the transaction, Baruchov wrote.They were being set up, as it turned out that their contact was working for the Police, Baruchov claimed.He added that the money paid for the diamonds was a down payment on the factory.The contact person who drew them into the diamond trap knew it was a set-up “and brought us from the US in order to steal from us and make a set-up”, Baruchov wrote.Shapiro and Baruchov were arrested at the Windhoek Country Club Resort on November 16.They were granted bail of N$300 000 each the next day.Five days later, this amount was increased to N$500 000 for each of them so that their passports could be returned to them to enable them to return to the United States.They were supposed to appear in court again on June 5.On that date, though, neither of the two men was in court.Presiding Magistrate Helvi Shilemba was told that Shapiro was unable to travel because of illness, and that Baruchov also stayed away because he wanted to avoid travelling to Namibia just for a further postponement of their case.