Stakes raised in bail gamble of US gem deal suspects

THE price of an already expensive alleged illegal diamond deal in which two American nationals were trapped in Windhoek late last year may increase by a further N$500 000 next week.

New York resident Samuel Shapiro (66), one of the two American nationals arrested for alleged illegal diamond dealing after being caught in a Police trap at the Windhoek Country Club Resort on November 16, is set to hear on Tuesday whether – like his co-accused did two weeks ago – he will lose the N$500 000 he had to pay to be released on bail. Shapiro was again absent from the Windhoek Magistrate’s Court yesterday, when his case returned to the court for the third time in four weeks.His co-accused, fellow New York resident Daniel Baruchov (45), has also been absent from court when the case against the two men returned to court on June 5, when it made another return on June 19 for a hearing on the cancellation and forfeiture of the men’s bail, and when the matter once more returned to court yesterday for a further hearing on the fate of Shapiro’s bail.Baruchov’s bail of N$500 000 was finally cancelled and declared to be forfeited to the State on June 19.The court has been told that Baruchov decided to avoid the costs of unnecessarily travelling to Namibia for what was expected to only be a further postponement of their case, since Shapiro was ill and has been told that he should not travel because of his medical condition.The men’s lawyer, Irvin Titus, told Magistrate Helvi Shilemba yesterday that Shapiro was still ill and receiving medical treatment.Titus said Shapiro had made clear that he planned to stand trial in Namibia once his health improved.The Prosecutor General instructed in late May that Baruchov and Shapiro should go on trial in the Windhoek Regional Court, where they should face a charge of receiving or buying unpolished diamonds and a count of possessing unpolished diamonds.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 are also 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 two men allegedly paid N$600 000 and US$15 000 (about N$105 000) for the stones that an undercover Police agent offered to them for sale.This money was also confiscated by the Police when the jaws of the trap set for them snapped shut.Yesterday, Titus asked the Magistrate to grant Shapiro more time to recover his health, rather than now forfeiting his bail to the State because of his absence.Public Prosecutor Ingrid Husselmann told the Magistrate that it appeared that Shapiro was simply stalling to delay the trial.Husselmann noted that Shapiro had still travelled from Israel to New York after a doctor in Israel had first diagnosed him as having a kidney ailment and had declared that Shapiro was not fit to travel to be present for his court appearance in Windhoek a month ago.”I don’t know if travelling by air is the problem, or travelling to Africa is the problem,” the prosecutor remarked.Magistrate Shilemba told Husselmann and Titus that she needed a few days to consider her ruling.She extended the provisional order for the bail forfeiture, which was first made on June 5, to July 10, when she will be giving her ruling.According to copies of e-mail correspondence between Titus and Shapiro that Titus handed to the court, Shapiro has indicated to Titus that he wants the lawyer to plead guilty on his behalf – but “with an explanation” – in his absence, in order to get the matter over with.Baruchov has previously contacted The Namibian to claim that he and Shapiro had been involved in what they thought were genuine negotiations to buy a share in a Namibian diamond cutting plant.After they broke off these negotiations, which appeared to be heading nowhere, they were again lured to Namibia one last time by their supposed prospective partner in the business, who then turned out to be a Police agent who led them into a diamond dealing trap in order to rob them of their money, Baruchov charged.In one of his messages to Titus that was disclosed to the court yesterday, Shapiro stated: “I like your country very much and met many nice people there and it is a shame that because of one bad person that put us into such a mess by showing us all kinds of false documents.(sic) The only reason he did that was a conspiracy to steal my money, he put us into this trap.”The truth is, if I would be in a healthy condition, I would come to fight to prove my innocence but unfortunately, I am not in such a condition today,” Shapiro wrote.Shapiro was again absent from the Windhoek Magistrate’s Court yesterday, when his case returned to the court for the third time in four weeks.His co-accused, fellow New York resident Daniel Baruchov (45), has also been absent from court when the case against the two men returned to court on June 5, when it made another return on June 19 for a hearing on the cancellation and forfeiture of the men’s bail, and when the matter once more returned to court yesterday for a further hearing on the fate of Shapiro’s bail.Baruchov’s bail of N$500 000 was finally cancelled and declared to be forfeited to the State on June 19.The court has been told that Baruchov decided to avoid the costs of unnecessarily travelling to Namibia for what was expected to only be a further postponement of their case, since Shapiro was ill and has been told that he should not travel because of his medical condition.The men’s lawyer, Irvin Titus, told Magistrate Helvi Shilemba yesterday that Shapiro was still ill and receiving medical treatment.Titus said Shapiro had made clear that he planned to stand trial in Namibia once his health improved.The Prosecutor General instructed in late May that Baruchov and Shapiro should go on trial in the Windhoek Regional Court, where they should face a charge of receiving or buying unpolished diamonds and a count of possessing unpolished diamonds.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 are also 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 two men allegedly paid N$600 000 and US$15 000 (about N$105 000) for the stones that an undercover Police agent offered to them for sale.This money was also confiscated by the Police when the jaws of the trap set for them snapped shut.Yesterday, Titus asked the Magistrate to grant Shapiro more time to recover his health, rather than now forfeiting his bail to the State because of his absence.Public Prosecutor Ingrid Husselmann told the Magistrate that it appeared that Shapiro was simply stalling to delay the trial.Husselmann noted that Shapiro had still travelled from Israel to New York after a doctor in Israel had first diagnosed him as having a kidney ailment and had declared that Shapiro was not fit to travel to be present for his court appearance in Windhoek a month ago.”I don’t know if travelling by air is the problem, or travelling to Africa is the problem,” the prosecutor remarked.Magistrate Shilemba told Husselmann and Titus that she needed a few days to consider her ruling.She extended the provisional order for the bail forfeiture, which was first made on June 5, to July 10, when she will be giving her ruling.According to copies of e-mail correspondence between Titus and Shapiro that Titus handed to the court, Shapiro has indicated to Titus that he wants the lawyer to plead guilty on his behalf – but “with an explanation” – in his absence, in order to get the matter over with.Baruchov has previously contacted The Namibian to claim that he and Shapiro had been involved in what they thought were genuine negotiations to buy a share in a Namibian diamond cutting plant.After they broke off these negotiations, which appeared to be heading nowhere, they were again lured to Namibia one last time by their su
pposed prospective partner in the business, who then turned out to be a Police agent who led them into a diamond dealing trap in order to rob them of their money, Baruchov charged.In one of his messages to Titus that was disclosed to the court yesterday, Shapiro stated: “I like your country very much and met many nice people there and it is a shame that because of one bad person that put us into such a mess by showing us all kinds of false documents.(sic) The only reason he did that was a conspiracy to steal my money, he put us into this trap.”The truth is, if I would be in a healthy condition, I would come to fight to prove my innocence but unfortunately, I am not in such a condition today,” Shapiro wrote.