By Kuvee Kangueehi Windhoek The former director of Automated Fuel Systems (AFS) Group Esau Mbako has revealed in his answering affidavit to the High Court that “not all payments made by Government Garage were due and payable to AFS”. The former director noted that the amount paid on the basis of fictitious invoices was N$1 280 740, while that paid on bona fide invoices was only N$780 783 and thus if he owes any money it “is due to the Government Garage in respect of payments made on the basis of fictitious invoices”. “I deny that I am indebted in the amount of N$1 420 293 to AFS or any other amount as on the AFS own version it refers to fictitious invoices and in respect of which AFS cannot be entitled to payment.” Mbako added that because only the amount of N$780 783 was due to AFS, he paid N$663 190 into the account of AFS and later another N$200 000, which means that “AFS has therefore been compensated in excess of what was due to them”. The defence by Mbako has now put the onus on AFS and their lawyers to prove to the High Court that Mbako owes AFS any money. However the AFS lawyers could not provide more evidence to the court yesterday because Mbako’s bank accounts holder the First National Bank only received the High Court order to provide information to AFS lawyers late. Despite the High Court delivering the order that AFS lawyer Peter Koep access information regarding Mbako’s account on April 5, 2006, the written order was only delivered to the First National Bank on April 7. The High Court Acting Judge Reinhold TÃƒÆ’Ã†’Ãƒâ€ ‘ÃƒÆ’Ã¢â‚¬Â ‘ÃƒÆ’Ã†”Ã…Â¡ÃƒÆ’Ã¢â‚¬Å¡Ãƒâ€šÃ‚Â¶temeyer postponed the case to April 20 to give an opportunity to the applicant to scan Mbako’s bank account. In his answering affidavit, Mbako also admitted that he personally deposited the AFS cheques into his personal accounts. “They were aware that AFS cheques were deposited by myself into my personal account held at FNB, Windhoek, and they asked me to explain how that came about which in full cooperation, I did.” He added that AFS also questioned him about his assets and he fully and without hesitation explained satisfactorily, including an erf at Extension 9, Hage Heights in Swakopmund. In his affidavit, Mbako also pleaded with the High Court not to grant an order for his assets to be frozen. He claimed that if such an order is granted he will be unable to properly care for his family, as they need a vehicle to attend to ordinary chores. “I will be unable to pay for daily necessary expenses as my accounts will be frozen and I will be unable to deal with my property in the ordinary course of business.” The court did not give the order. The AFS versus Mbako case appeared for the second time in the High Court yesterday and will continue on April 20. Dirk Conradie represented Mbako, while Peter Koep appeared for AFS.
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