The Windhoek Magistrate’s Court in Katutura yesterday issued a warrant for the arrest of a Congolese national who faces charges of fraud and who was supposed to stand trial before Magistrate Alexis Diergaardt.
Kennedy Thiongo Kasume was arrested alongside former public prosecutor Anthony Wilson in connection with irregularly removing charges from the court system. Kasume who was meant to make an appearance in court alongside Wilson, was a no-show, which resulted in the court issuing an arrest warrant for him.
State Prosecutor Fillemon Nyau informed the court he was not given any reasons for the failure by Kasume to appear in court during his scheduled appearance. Kasume was meant to stand trial beside Wilson for the alleged conspiracy to use an office or position to obtain gratification for the withdrawal of the charge.
The prosecution claims that on February 9, 2005 at the time when Wilson was employed by the Office of the Prosecutor General as public prosecutor stationed at the Windhoek Magistrate’s Court on Lüderitz Street, he misrepresented facts to the magistrates in question.
Wilson apparently did so by informing the magistrates that the complainant in Kasume’s theft case had decided to withdraw the charges. On a separate occasion, Wilson allegedly did the same thing in the case of Alex Kagasheka, who had a case against Kasume. Wilson reportedly stole the charge sheet and altered it to ensure it only contained facts in favour of Kasume.
According to the substantial facts on Wilson’s charge sheet, it is suspected he used the Office of the Prosecutor General by instructing the police to have Kasume’s car that was confiscated by the State as an exhibit to be returned to him.
Using the same pretence powers Wilson was able to have criminal proceedings of theft against Kasume discontinued by having the police discontinue the docket on the grounds that it was a civil matter.
Wilson, who resigned as a public prosecutor in the Office of the Prosecutor General for Windhoek magistrate’s court last year, is now facing 10 charges ranging from theft of a charge sheet, corruptly using his office for personal gain, fraud by misrepresentation to the magistrate, and corruptly using falsified documents.
The court postponed the matter to September 1 for the tracing of Kasume and fixing of a new trial date. Wilson’s bail was further extended until his next court appearance.
Crime and Courts – New Era Newspaper Namibia