Zorena Jantze
BORIS Isaacks, in the ongoing bail appeal of the National Petroleum Corporation of Namibia (Namcor) case, has said that the magistrate who denied his client, Immanuel Mulunga, bail erred in law when he failed to consider the undisputed fact that there is no evidence of payments made to Mulunga as bribes related to the fraud and corruption case.
Mulunga, the former managing director of Namcor, along with six others, is appealing the denial of bail by the lower court magistrate, Linus Samunzala.
Isaacks said that the only evidence provided by the Anti-Corruption Commission’s investigating officer, Oberty Inambao, is the fact that his client had driven an Audi Q8 luxury vehicle valued at N$3 million, purchased by fugitive Victor Malima. He added that it was not disputed that his client had driven this vehicle for three days and that he returned it. “I am now afraid to give my daughter my car to drive it, as it would be said she owns it,” Isaacks said. He added that, importantly, what is not disputed is that this vehicle is registered in the name of Mulunga’s cousin.
Isaacks stressed that there is no other evidence that links Mulunga to criminal activity in terms of the receipt of alleged bribe money.
Isaacks said that the investigating officer merely testified that the Anti-Corruption Commission may at a later stage present evidence that links Mulunga to criminal activity. Isaacks argued that this is an absurd ground for the court to object to the granting of bail.
He also added that the learned magistrate misdirected himself in using the ground of public interest as a basis for the rejection of bail.
He added that the State prosecutor never put it to his client how his release on bail would prejudice public interest and that it is incumbent upon the presiding magistrate or the prosecutor to show how the release of his client would prejudice public interest, and that his fair trial rights were infringed due to this.
He thus prayed that the court uphold the appeal and grant his client bail in the amount of N$50 000.00.
