General dismisses Chinese vase defence in theft trial

A CONGOLESE general who is accusing a Swakopmund estate agent of having stolen nearly US$1 million from him during 2010 insisted in the Windhoek High Court yesterday that the money he claims to have lost was not paid to buy an ancient Chinese vase, but was supposed to be used for the development of properties he owned at the coast.

The ancient Chinese vase which estate agent Erwin Sprang- ers claims to have sold to an unknown buyer with his help did not exist, Democratic Republic of Congo army general François Olenga told acting judge Eileen Rakow while testifying as a wit- ness for the prosecution in the trial in which Sprangers and his wife, Heidi Sprangers, are together in the dock.

“That vase never existed,” Olenga said while being cross-examined by defence counsel Jan Wessels, who is representing the couple. It was an “imaginary vase”, which he never saw, while Erwin Sprangers has also never given any proof of its existence, Olenga told the judge.

The vase is at the centre of the defence that the couple have raised in response to the charges on which they are being prosecuted.

Erwin Sprangers is standing trial on a charge of fraud and five counts of theft by conversion, alternatively theft, while Heidi Sprangers is charged with five counts of theft by conversion, alternatively theft.

They denied guilt on all of the charges when their trial started before acting judge Rakow on Tuesday last week.

The state, represented by prosecutor Erick Moyo, is alleging that Erwin Sprangers defrauded Olenga in January 2010 by conveying to him that an amount of US$900 000 – then the equivalent of about N$6,78 million – that Olenga was to pay into a bank account of Sprangers’ estate agency at Swakopmund would be held in trust for the general and would be used to develop two plots of land that Olenga owned at the coastal town.

The state is also alleging that Sprangers had no intention of using Olenga’s money for the development of his properties as agreed with him, and intended to spend the money paid into his estate agency’s bank account for his own use and to not pay it back to Olenga.

With respect to the theft charges the prosecution is alleging that the couple stole an amount of about N$6,78 million from Olenga after it had been paid into a bank account of their business, Kintscher Estate Agents and Auctioneers, between February and July 2010.

In a written plea explanation given to the court last week, Erwin Sprangers denied that the money paid into his estate agency’s account was supposed to be used for the development of properties owned by Olenga. He claimed that, in fact, Olenga in December 2009 found a buyer who was interested in purchasing an 18th- century Qianlong Chinese vase from him at a price of US$1,25 million, and the money that was paid into the estate agency’s account was for the vase.

In his testimony, though, Olenga maintained that he had an amount of US$900 000 paid into a bank account of Sprang- ers’ estate agency, and that this money was meant to be used to develop two erven he had bought at Swakopmund in 2003. He said he trusted Sprangers since he had done business with him for six years without problems.

However, after the money had been paid into the account Sprangers began to avoid contact with him, Olenga claimed. He said he eventually travelled to Swakopmund in May 2011 to look for Sprangers, who was found at his home after his receptionist at the estate agency had claimed he was in South Africa.

Olenga said when he confront- ed Sprangers about his money, which he wanted to have returned to him, Sprangers said he would pay it back, and asked to be given time to do so.

Olenga said he agreed to give Sprangers three months to pay back the money – but, except for an amount of US$50 000 that was returned to him, and which Sprangers claims was a commission paid for his role in selling the disputed Chinese vase, he did not receive the remaining US$850 000. Olenga completed his testimony yesterday. The trial is continuing.

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