NAMIB Desert Diamonds (NAMDIA) protection officer, Charles Rhoman, who was arrested this week in relation to the NAMDIA heist, has been remanded in custody and his case transferred to Bethanie Magistrate’s Court.
The matter has been postponed to 26 January.
Magistrate Mulundu Masuku made this ruling after the State made an application for the matter to be adjourned and transferred to Bethanie Magistrate’s Court, as the alleged offence occurred in the district of Bethanie.
Rhoman stands accused of obstructing the course of justice as well as contravening sections of the Prevention of Organised Crime Act for allegedly receiving proceeds linked to diamonds from the NAMDIA diamond heist.
Rhoman’s lawyer, Riwayn Carolus, opposed the State’s application to have the matter adjourned and transferred to Bethanie.
The defence submitted that the Keetmanshoop Court does not have jurisdiction to hear the matter.
Rhoman’s lawyer proceeded to raise points in limine regarding the validity of the warrant of arrest and search warrant, which had been issued against the accused.
Carolus indicated that the warrant of arrest and the search warrants lacked essential information as prescribed by the CPA and that the officers who executed the warrants failed to observe the provisions or conditions as indicated on the warrants.
The defence further requested that the matter be struck from the roll.
The State responded by indicating that the warrant of arrest and the search warrant are valid, as they contained all the necessary information about the accused.
Magistrate Masuku, however, ruled that the court would not dwell on the interpretation of the law referred to by the parties.
“From the submission made by the defence, the State did not address the elements of jurisdiction. The court will proceed to address this. The court is of the opinion that the accused was brought to appear in Keetmanshoop for the sake of the 48-hour rule. As stated by the defence, this court does not have jurisdiction to hear this matter. This would entail that if this court issues orders related to the validity of the warrant of arrest and search warrant, the court would be acting ultra vires and any such orders would be null and void, as this court does not have jurisdiction to hear the matter. The court would recommend that the matter be transferred to the court that has jurisdiction, and the issues raised be dealt with in that court. The transfer application is granted,” Masuku ruled.
