Eba Kandovazu
AFTER nearly 18 months of waiting to lodge an appeal against his conviction, Tobie Aupindi will finally be given dates to go ahead with the process in the High Court of Namibia.
This new turn of events comes after Judge Christie Liebenberg ordered that the record of Aupindi’s trial in the Windhoek Magistrate’s Court will be utilized as is, even after the state argued that a few adjustments needed to be made to it.
The matter will return to the High Court on 29 April 2021 when dates for the appeal will be determined.
According to Richard Metcalfe, Aupindi’s legal representative, a delay in the process was caused because the court record had to be reconstructed. He informed the High Court judge that Magistrate Helvi Shilemba did not record evidence as it was presented for two days during his client’s trial and that that part of the record had to be reconstructed.
“The reconstruction of the record has been going on forever. Counsel for the defense counsel got together to reconstructed the record but the state indicated it was not happy. On a previous occasion the court ordered that the state unless they provided further input, the record would be provided to the court as it was. On Monday, the state came with additions that they wanted on the record. We agreed to those additions and this morning the state came with items that they wanted to be removed from the record. The state keeps going back and forth on this issue resulting in the court now placing them on terms. The order means that the record will go as is to the Magistrate for her input,” Metcalfe explained.
Aupindi was charged and convicted with corruption alongside Italian businessman, Antonio Di Savino. The two convicted persons were sentenced to pay fines.
Di Savino is also appealing against his conviction with the aid of his legal representative, Louis du Pisani.
The corruption charges emanate from a swimming pool that was constructed at Aupindi’s house in Hochland Park, by Di Savino in 2006.
According to the state, the swimming pool was built at no cost to Aupindi in exchange for Di Savino receiving tenders from Namibia Wildlife Resorts (NWR).
At the time Aupindi was the Managing Director of NWR.
Various other tenders were awarded by the NWR to Di Savino before the pool was built.
It was revealed during the trial that Aupindi provided false information to the investigating officer when he said that he paid for the pool himself.
They were each fined to pay a fine of N$ 50 000.
