Stage set for huge gem robbery trial

FOUR men accused of having been involved in one of the largest robberies or thefts of diamonds in Namibia’s history are set to go on trial in the High Court in Windhoek in November.

The case in which the four – former Namdeb cook Petrus Nujoma Kapia (34), Amon Ndjukuma (39), Elvis Nixon Tangeni Kalipi (34) and Gabriel Namupolo (33) – are facing seven main charges and a further six alternative charges was finally postponed for the start of their trial when they made their latest pre-trial appearance in the High Court in Windhoek on Thursday last week. The four charged men are accused of having been involved in an armed robbery in which mining gravel containing some 1 692 carats of unpolished diamonds, valued at N$6,23 million, was stolen at Namdeb’s Daberas Mine along the Orange River in the Oranjemund district on November 10 2003.This is one of the largest quantities of diamonds alleged to have been stolen in Namibia since Independence at least.Defence lawyers who are set to represent the four men at their trial have already indicated in pre-trial documentation filed with the High Court that all four accused men will be pleading not guilty to all the charges against them.Kapia and Kalipi will also dispute claims that they had pointed out scenes to the Police where some of the allegedly stolen diamonds are claimed to have been recovered after the alleged robbery.The four men are facing seven main charges, being counts of robbery with aggravating circumstances, kidnapping, attempted murder, crossing the Namibian border at a place that was not a designated port of entry, two counts of assault with intent to do grievous bodily harm, and another charge of robbery with aggravating circumstances.In the indictment against them that has been filed with the High Court, it is alleged that during the night of November 9 2003 Ndjukuma and Namupolo woke up a Namdeb employee, Klemens Matyayi, at Daberas Mine, held him at gunpoint and robbed him of a Toyota Hilux bakkie that belonged to Namdeb and was in his possession.They then tied up Matyayi, kidnapped him and dropped him off next to a road leading to a rubbish dump, tying him to a tree and covering his eyes and mouth with masking tape when they left him there, it is alleged.It is charged that the four accused men thereafter went to a control room at the mine, where they broke open the door of a security office and entered.When one of the security officers at the premises, Jacques Burger, encountered them, Ndjukuma fired a shot at him, it is alleged.Another security officer, Gottlieb Cornelius, who tried to get hold of the firearm, was hit on the head with a crowbar and kicked, it is further alleged.Burger and Cornelius were both tied up, whereafter the gang took another mine employee, Johannes van Wyk, to the mine’s recovery plant, where they forced him to open the safe, the State is alleging.They took about 18 tin cans with diamond-rich gravel and left the scene in the stolen Toyota bakkie, it is claimed in the indictment.They left Namibia by crossing the Orange River into South Africa, it is alleged further.After some information was received, Kapia was arrested, it is stated in the indictment.He was working at the Daberas Mine hostel at the time.He pointed out some 100 unpolished diamonds that had been hidden in his room, it is claimed.Kapia was arrested on November 18 2003.Ndjukuma’s arrest followed on February 2 2004, while Kalipi was arrested on February 17 2004 and Namupolo on March 25 2004.After the arrests, Kalipi pointed out a place near the Orange River where another 100 unpolished diamonds were discovered, it is also claimed in the indictment.A total of 440 unpolished diamonds were recovered, out of the estimated 1 941 stones that had been stolen during the alleged robbery, according to the indictment.The four charged men remain free on bail pending the start of their trial.The four charged men are accused of having been involved in an armed robbery in which mining gravel containing some 1 692 carats of unpolished diamonds, valued at N$6,23 million, was stolen at Namdeb’s Daberas Mine along the Orange River in the Oranjemund district on November 10 2003.This is one of the largest quantities of diamonds alleged to have been stolen in Namibia since Independence at least.Defence lawyers who are set to represent the four men at their trial have already indicated in pre-trial documentation filed with the High Court that all four accused men will be pleading not guilty to all the charges against them.Kapia and Kalipi will also dispute claims that they had pointed out scenes to the Police where some of the allegedly stolen diamonds are claimed to have been recovered after the alleged robbery.The four men are facing seven main charges, being counts of robbery with aggravating circumstances, kidnapping, attempted murder, crossing the Namibian border at a place that was not a designated port of entry, two counts of assault with intent to do grievous bodily harm, and another charge of robbery with aggravating circumstances.In the indictment against them that has been filed with the High Court, it is alleged that during the night of November 9 2003 Ndjukuma and Namupolo woke up a Namdeb employee, Klemens Matyayi, at Daberas Mine, held him at gunpoint and robbed him of a Toyota Hilux bakkie that belonged to Namdeb and was in his possession.They then tied up Matyayi, kidnapped him and dropped him off next to a road leading to a rubbish dump, tying him to a tree and covering his eyes and mouth with masking tape when they left him there, it is alleged. It is charged that the four accused men thereafter went to a control room at the mine, where they broke open the door of a security office and entered.When one of the security officers at the premises, Jacques Burger, encountered them, Ndjukuma fired a shot at him, it is alleged.Another security officer, Gottlieb Cornelius, who tried to get hold of the firearm, was hit on the head with a crowbar and kicked, it is further alleged.Burger and Cornelius were both tied up, whereafter the gang took another mine employee, Johannes van Wyk, to the mine’s recovery plant, where they forced him to open the safe, the State is alleging.They took about 18 tin cans with diamond-rich gravel and left the scene in the stolen Toyota bakkie, it is claimed in the indictment.They left Namibia by crossing the Orange River into South Africa, it is alleged further.After some information was received, Kapia was arrested, it is stated in the indictment.He was working at the Daberas Mine hostel at the time.He pointed out some 100 unpolished diamonds that had been hidden in his room, it is claimed.Kapia was arrested on November 18 2003.Ndjukuma’s arrest followed on February 2 2004, while Kalipi was arrested on February 17 2004 and Namupolo on March 25 2004.After the arrests, Kalipi pointed out a place near the Orange River where another 100 unpolished diamonds were discovered, it is also claimed in the indictment.A total of 440 unpolished diamonds were recovered, out of the estimated 1 941 stones that had been stolen during the alleged robbery, according to the indictment.The four charged men remain free on bail pending the start of their trial.