The case against one of the men facing charges in connection with a fatal armed robbery at the Windhoek head office of the Namib Desert Diamonds (Namdia) in January last year is “very weak”, a lawyer argued in the Windhoek High Court yesterday.
“The case is very weak, with respect. Very, very weak,” defence lawyer Veiko Alexander, representing former Namdia protection officer Joel Angula, remarked during a hearing of oral arguments on a bail appeal by Angula.
Angula (47) is appealing against a ruling in which an application by him to be granted bail was turned down in the Windhoek Magistrate’s Court in February this year.
In her ruling, magistrate Helvi Shikalepo concluded that Angula’s continued detention pending the finalisation of his trial is in the interests of justice.
Alexander argued during the appeal hearing before judges Naomi Shivute and Philanda Christiaan that nothing in the magistrate’s ruling indicates on which factual allegations she relied for her conclusion that it would not be in the interests of justice to grant bail to Angula.
He also questioned whether the alleged possession of diamonds – which Angula is accused of – is sufficient to keep him in custody, when considering that he could be sentenced to pay a fine for that alleged offence.
Angula and two co-accused, Sam Shololo (50) and Samuel Shipanga (34), are facing 10 charges, including counts of murder, robbery with aggravating circumstances, conspiring to commit robbery and murder, theft of diamonds and possession of unpolished diamonds, in connection with an armed robbery that took place at the state-owned Namdia’s head office in Windhoek on 18 January last year.
A security officer employed by Namdia, Francis Eiseb (58), was killed when he was shot in the head during the robbery.
One of the alleged robbers, Max Endjala (43), also died of a gunshot injury at the scene of the robbery.
The state is alleging that 512 parcels of diamonds, weighing 51 725 carats and valued at N$335.6 million, were stolen during the robbery.
It is also alleged that 452 parcels of diamonds, weighing 47 250 carats and valued at N$295 million, were not recovered after the heist and remain missing.
The state is alleging that 13 parcels of uncut diamonds, valued at about N$4.7 million, were found hidden in boots at Angula’s house in Windhoek a day after the robbery.
During his bail hearing, Angula denied that he removed any parcel of diamonds from the Namdia premises, and suggested that the gemstones allegedly found at his house had been taken there by police officers.
Alexander argued yesterday that the police failed to safeguard the robbery scene and that those with the responsibility to protect public resources also failed in their duties.
When asked by Shivute who else, apart from the police, was entrusted to guard the diamonds at the premises, Alexander answered that it was Namdia itself.
On behalf of the state, deputy prosecutor general Johannes Kalipi argued that the magistrate could not be faulted for having denied bail to Angula.
Kalipi noted that as a protection officer at Namdia, Angula was entrusted with protecting the company’s property, and added that he failed to do that.
Kalipi also reminded the judges that according to one of the state’s witnesses Angula took part in the planning of the heist a year before the robbery was carried out, and that Endjala was a cousin of Angula and Shololo was described as his uncle.
Angula cannot escape responsibility for the murder of Eiseb, as he was part of the planning of the robbery, Kalipi argued as well.
Shivute and Christiaan postponed the delivery of their judgement on the appeal to 18 September.
