Keetmanshoop woman granted bail in connection with alleged stolen Namdia diamonds

A Keetmanshoop resident arrested in connection with the use of proceeds received from the sale of diamonds allegedly stolen during a record-setting armed robbery at Namib Desert Diamonds (Namdia) in Windhoek was granted bail in an amount of N$50 000 yesterday.

Charmaine Cloete (42) was granted bail in a judgement in which High Court judges Philanda Christiaan and Naomi Shivute upheld her appeal against the dismissal of her application to be released on bail in the Keetmanshoop Magistrate’s Court in July.

Cloete has spent more than five months in custody following her arrest.

Cloete, her husband, George Cloete (44), and a brother of George Cloete, Bino Cloete, were arrested on 5 May.

They are charged with counts of disguising the unlawful origin of property (money laundering), illicit trafficking of stolen goods, and attempting or conspiring or aiding and inducing another person to deal in unpolished diamonds.

The charges are connected to allegations that they were involved in the sale of diamonds allegedly stolen during an armed robbery at the Windhoek head office of the state-owned Namdia on 18 January, and in subsequent transactions with money obtained through the sale of the diamonds.

Diamonds valued at about N$315 million were allegedly stolen during the robbery.

The two judges ordered that Cloete can be released on bail in an amount of N$50 000, and attached a string of conditions to her release.

Cloete may not apply for any travel documents until pending criminal proceedings against her have been concluded, may not leave the Keetmanshoop district without the prior written authorisation of the police officer in charge of the investigation of her case, and has to report every morning and afternoon at Keetmanshoop Police Station, the judges also ordered.

They further ordered that Cloete may not communicate or in any way interfere with any state witnesses or potential state witnesses in her case, and may not interfere with the investigation of the case or with any evidence in the matter.

A photocopy of Cloete’s passport containing her photograph and a copy of the court’s order should be provided to all Namibian border posts, the court ordered as well.

During the hearing of her bail appeal, defence counsel Percy McNally argued that a police officer investigating Cloete’s case conceded there was no evidence linking her to cross-border diamond trafficking.

McNally also argued that Cloete explained her husband traded in foreign currency and cryptocurrency and that he managed her bank account, through which large amounts of money passed, Christiaan noted in the appeal judgement.

Christiaan said Cloete gave a detailed explanation, supported by documentation, that her husband made deposits in her bank account, operated the account and arranged the registration of a vehicle in her name.

A Ford Ranger pickup bought at a price of N$530 000 was registered in Cloete’s name in February, the court was informed during the bail hearing.

The magistrate made an error when he found that evidence disputed by Cloete could show she had been involved in the offences she is accused of, Christiaan said.

The magistrate also made an error when he found she was implicated in “sophisticated economic crimes involving illicit cross-border diamond dealings”, Christiaan added.

A finding by the magistrate that there was a risk Cloete would interfere with evidence or the investigation if released on bail was also not supported by the evidence, Christiaan found as well.

She concluded that the magistrate relied heavily on disputed hearsay testimony given by an investigating officer, while Cloete’s direct and undisputed evidence was largely disregarded.

Shivute agreed with Christiaan’s judgement.

State advocate Emma Mayavero represented the state in the appeal.

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