THE summonses through which the
A ruling delivered in the
The defence team in the trial raised objections about the admissibility of the banking records in September last year. Judge Maphios Cheda dismissed those objections yesterday.
The defence team argued in September that the summonses through which the ACC obtained bank account records that the prosecution is planning to use as evidence in the trial did not comply with the Anti-Corruption Act and did not meet the requirement of being sufficiently understandable.
Chief Public Prosecutor
In deciding the validity of the summonses it should be kept in mind that there was a very thin dividing line between individuals' right to privacy and property on one hand and the need to achieve justice on the other,
He concluded that when Noa issued the summonses in question he had a genuine belief based on credible information at hand that an offence had been committed. The judge further found that the summonses were clear in respect of what official was being authorised to conduct searches and included sufficient details to make them understandable.
The defence's objections were raised against testimony about a bank statement of Teko Trading CC, a close corporation of Lameck and Mokaxwa.
According to evidence already before the court Teko Trading had an agreement with a Chinese company, Nuctech, which was represented by Yang, to be paid
Lameck, Mokaxwa and Yang are charged with fraud in connection with the scanner supply contract between the
The prosecution is alleging that the price of the scanning equipment was inflated to enable Nuctech to pay a "commission" of at least
Bank records explained by a previous prosecution witness in the trial indicated that more than N$42 million was transferred by Nuctech into Teko Trading's bank account in
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