Namandje criticises bail ruling for Elindi brothers - nbc

Описание: Lawyer Sisa Namandje has criticised the bail ruling delivered by Magistrate Linus Samunzala, saying the lower court did not give a fair hearing to corruption-accused brothers Peter and Malakia Elindi.

Namandje told the Windhoek High Court that the magistrate denied bail last year and, in doing so, failed to deal with key issues raised by his clients.

He said the magistrate stated that the accused lied, but did not specify what the alleged lies were.

Namandje also said the magistrate did not address contradictions and concessions made by the investigating officer during the bail proceedings.

Namandje argued that the magistrate did not make findings against the investigator, despite what he said were contradictions in the evidence.

He further told the court that the magistrate found the state had established a prima facie case on all charges, and this showed the magistrate did not properly assess the evidence.

Namandje said the magistrate assessed the evidence unlawfully and relied on the claim that the accused sold NAMCOR “a dream”, which he said had no basis.

He told the court it is not the duty of a presiding officer to focus only on the accused but to remain impartial.

Namandje said that although the magistrate acknowledged in his judgement that the Elindi brothers are not flight risks and would not interfere with investigations, he still denied bail.

He said the magistrate relied on the fact that fugitive Victor Malima fled and that a vehicle allegedly bought for Immanuel Mulunga could not be traced.

Namandje also criticised the magistrate for failing to grant bail with conditions and for refusing to rule on some matters raised in court.

He told the High Court the manner in which his clients were arrested raised concerns about arbitrary arrests and said arrests must be justified under Namibia’s constitutional system.