State accused of invading suspects’ privacy, exposing ‘kamborotos’ in Namcor fraud case

Defence lawyer Gilroy Kasper says the state has unlawfully seized communication devices belonging to the suspects in the Namcor fraud and corruption case.

Kasper, who is representing former National Petroleum Corporation of Namibia (Namcor) commercial manager Olivia Dunaiski, says these devices have sensitive material and the state’s confiscation of them infringes on the suspects’ privacy.

“Your worship, you know that mobile phones have been seized. They have been seized with pin codes, with passwords. These devices carry confidential and private messages of accused persons with their medical practitioners, with their loved ones – even their ‘kamborotos’ [mistresses] by extension, your worship; their medical doctors, their spiritual leaders, their lawyers,” the lawyer said in the Windhoek Magistrate’s Court on Wednesday.

Kasper, in his closing argument, said a gross violation of the accused’s fundamental rights to privacy and a fair trial guaranteed under the Constitution has occurred due to evidence being “unlawfully obtained – in this instance emanating from invalid summons”.

“When there is unfettered access to these devices, as we have here – with pin codes and passwords – we are making serious inroads into people’s privacy,” he said.

Kasper told the court that the accused are guaranteed a fair trial according to the Constitution, which includes pre-trial procedures, whereby, he says, the accused’s dignity and interests must at all times be respected and protected by the courts.

Last week, Kasper’s client Dunasiki submitted in her affidavit that she was arrested on 8 July after getting a call from “inspector Anna” and voluntarily taking herself to the Klein Windhoek Police Station.

She further wrote that “inspector Anna” acted aggressively towards her and confiscated her cellphone without a warrant after refusing her request to contact her lawyer.

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