Kobi’s extradition case stalls – again

LAWYERS acting for Jacob (‘Kobi’) Alexander have further legal moves in mind on the legality of the extradition hearing that Alexander faces before such a hearing will be able to start.

This emerged when Alexander made another appearance before a Magistrate in Windhoek yesterday. Alexander, who is free on bail of N$10 million following his arrest in Windhoek on September 27 last year, is now scheduled to return to the Windhoek Magistrate’s Court on July 9.On that day, a lawyer representing him is expected to address the Ministry of Justice’s Chief of Lower Courts, Petrus Unengu, on the issue whether requirements set in the Extradition Act for the appointment of a Magistrate to conduct an extradition hearing have been complied with in Alexander’s case.The Minister of Justice has designated Unengu as the Magistrate who should conduct Alexander’s extradition hearing.With Alexander’s return to court Unengu may also be addressed on the appropriateness and lawfulness of the Chief of Lower Courts conducting Alexander’s extradition hearing, lawyer Louis du Pisani, who is representing Alexander, told Unengu.”Our concern involves solely and exclusively the validity of the extradition proceedings,” Du Pisani said.He later added: “We take issue with the manner in which the Minister has authorised a Magistrate (to conduct the hearing).”Alexander made a first appearance before Unengu in the Windhoek Magistrate’s Court on June 8.Du Pisani said it was only on that day that Alexander and his legal team became aware that Unengu would be dealing with the matter.He said they immediately addressed a letter to the Justice Minister and the Justice Ministry’s Permanent Secretary to raise their concerns on this score.Alexander’s appearance before the Magistrate on June 8 was supposed to be for the fixing of a date when the extradition hearing would start.No date was set, though, because Alexander’s lawyers indicated that they first wanted to get a reply from the Justice Minister on letters that they had written to the Minister in October last year already to point out the requirements for the appointment of a Magistrate that are set by the Extradition Act.A reply to those letters has been received in the meantime, Du Pisani indicated yesterday – but this answer does not appear to have left Alexander’s lawyers entirely satisfied.The government of the United States of America wants the Israeli-born Alexander to be extradited from Namibia so that he can be put on trial in a New York court on 35 criminal charges.The charges are related to allegations that between 1998 and 2001 Alexander (55) had committed fraud while he was in charge of a New York-based telecommunications software and systems maker, Comverse Technology Inc., which he had helped found in 1982.The alleged fraud is claimed to have been committed through illegal stock options backdating – a practice of backdating the dates when the right to buy shares at the then prevailing share price was granted to Alexander, allegedly in order to increase the profits that Alexander could reap once he exercised those options.It is alleged that Alexander earned illegal profits amounting to US$6,4 million (around N$45 million) through the alleged stock options backdating scheme.Alexander resigned as Chief Executive Officer and board chairman of Comverse on May 1 last year.With the US authorities already investigating the allegedly illegal stock options backdating scheme at Comverse, Alexander and his family left the US for Israel on June 21, the US authorities claim.Alexander came to Namibia during July last year.He has since bought a house in Windhoek and has claimed that he plans to invest substantial amounts of money in the country.Alexander claimed in his bail application in early October last year that he had transferred N$120 million from Israel to commercial banks in Namibia already.By the time that Alexander came to Namibia there was no extradition agreement in existence between Namibia and the US – yet.On September 27 last year this changed, though, when the US was suddenly designated as a country to which persons could be extradited from Namibia in terms of the Extradition Act.That same day, Alexander was arrested on a request from the US government.Alexander, who is free on bail of N$10 million following his arrest in Windhoek on September 27 last year, is now scheduled to return to the Windhoek Magistrate’s Court on July 9.On that day, a lawyer representing him is expected to address the Ministry of Justice’s Chief of Lower Courts, Petrus Unengu, on the issue whether requirements set in the Extradition Act for the appointment of a Magistrate to conduct an extradition hearing have been complied with in Alexander’s case.The Minister of Justice has designated Unengu as the Magistrate who should conduct Alexander’s extradition hearing.With Alexander’s return to court Unengu may also be addressed on the appropriateness and lawfulness of the Chief of Lower Courts conducting Alexander’s extradition hearing, lawyer Louis du Pisani, who is representing Alexander, told Unengu.”Our concern involves solely and exclusively the validity of the extradition proceedings,” Du Pisani said.He later added: “We take issue with the manner in which the Minister has authorised a Magistrate (to conduct the hearing).”Alexander made a first appearance before Unengu in the Windhoek Magistrate’s Court on June 8.Du Pisani said it was only on that day that Alexander and his legal team became aware that Unengu would be dealing with the matter.He said they immediately addressed a letter to the Justice Minister and the Justice Ministry’s Permanent Secretary to raise their concerns on this score.Alexander’s appearance before the Magistrate on June 8 was supposed to be for the fixing of a date when the extradition hearing would start.No date was set, though, because Alexander’s lawyers indicated that they first wanted to get a reply from the Justice Minister on letters that they had written to the Minister in October last year already to point out the requirements for the appointment of a Magistrate that are set by the Extradition Act.A reply to those letters has been received in the meantime, Du Pisani indicated yesterday – but this answer does not appear to have left Alexander’s lawyers entirely satisfied.The government of the United States of America wants the Israeli-born Alexander to be extradited from Namibia so that he can be put on trial in a New York court on 35 criminal charges. The charges are related to allegations that between 1998 and 2001 Alexander (55) had committed fraud while he was in charge of a New York-based telecommunications software and systems maker, Comverse Technology Inc., which he had helped found in 1982.The alleged fraud is claimed to have been committed through illegal stock options backdating – a practice of backdating the dates when the right to buy shares at the then prevailing share price was granted to Alexander, allegedly in order to increase the profits that Alexander could reap once he exercised those options.It is alleged that Alexander earned illegal profits amounting to US$6,4 million (around N$45 million) through the alleged stock options backdating scheme.Alexander resigned as Chief Executive Officer and board chairman of Comverse on May 1 last year.With the US authorities already investigating the allegedly illegal stock options backdating scheme at Comverse, Alexander and his family left the US for Israel on June 21, the US authorities claim.Alexander came to Namibia during July last year.He has since bought a house in Windhoek and has claimed that he plans to invest substantial amounts of money in the country.Alexander claimed in his bail application in early October last year that he had transferred N$120 million from Israel to commercial banks in Namibia already.By the time that Alexander came to Namibia there was no extradition agreement in existence between Namibia and the US – yet.On September 27 last year this changed, though, when the US was suddenly designated as a country to which persons could be extradited from Namibia in terms of the Extra
dition Act.That same day, Alexander was arrested on a request from the US government.