WINDHOEK – The stringent bail conditions in the case in which a local lawyer and his co-suspects are charged with fraudulently selling a N$2.5 million house were cancelled on Friday when they made their second appearance in the Windhoek Magistrate’s Court.
Local lawyer Titus Mbaeva and his co accused August Malesky and Simon Edward Afrikaner were released on bail of N$40,000, N$100,000 and N$20,000 respectively when they made their first appearance in court in March.
As condition of their release Mbaeva and his co-accused were warned not to interfere with the ongoing investigations and state witnesses, and may not have attempted to leave the country or the district of Windhoek without the investigative officer’s permission. Furthermore, they were to surrender all travelling documents and were not permitted to apply for new ones whilst their case was pending.
However, on Friday the prosecution informed the court it did not object to the court cancelling the accused’s bail conditions.
The trio were arrested in March following an investigation by the Anti-Corruption Commission. The prosecution is now charging the three respectively with a count of corruptly using a false document by an agent and attempting or conspiring to commit an offence, while Malesky alone stands accused of a third charge of fraud.
It is alleged the three conspired in defrauding an Angolan couple by forging power of attorney documentation. The forged documents allegedly gave them the right to dispose of the Angolan couple’s home in Windhoek.
It is further alleged the three sold the house without the consent or knowledge of the couple. Having disposed of the house, the group allegedly failed to hand over the funds acquired from the sale to the owners.
The three are expected to make a return in court on July 20 after their case was postponed for further police investigations. Magistrate liwena Mikiti was presiding, with Advocate Slyskea Makando and Advocate Obrien Sibeya representing the accused.
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