New twist in Munyama fraud case

The trial resumed yesterday and was again postponed until Friday without Theodor hearing his fate following an application for discharge.In fact, Judge Van Niekerk yesterday asked for another postponement for ‘missing’ documents, which have in the meantime come under the High Court in Windhoek’s attention, to be traced.

The documents concerned are a cheque and an invoice for close to N$60 000 contained in a reconciliation compiled by former NBC employee Selma Pescha. Pescha compiled a reconciliation of amounts paid and/ or owing to Theodor’s Khomas Engineering upon the lapsing of its contract with the NBC. She allegedly found that no money had been owing to Khomas Engineering.

This has led the prosecution to believe that cheques that Munyama had issued to Khomas Engineering, paid from an NBC executive account, were illegal payments.Pescha compiled the reconciliation at the request of the former investigating officer, Willem Olivier.It has emerged in the meantime that a cheque included in that reconciliation amounting to N$58 654 does not form part of the court records.

It is suspected that the cheque might have been issued in 2003 already – before the beleaguered national broadcaster entered into contracts for work at Tsumkwe, Gam and Oshakati – relevant to the criminal trial – with Khomas Engineering.State Advocate Ed Marondedze told Van Niekerk that the NBC “should be able” to produce the missing cheque and invoice by Friday.Gerson Hinda, Theodor’s lawyer, said the postponement was “a bit stretching”.

According to him, the State has closed its case and it is not clear whether the intention is to bring new evidence before court. Van Niekerk maintained that the court “has questions in its mind” and needed the documents to clarify such questions. She said that it could “cut both ways” and possibly benefit either party – the State or the defence.

Earlier yesterday morning, a former NBC general manager responsible for technical services, Ruben Prinz, testified that he had made two requests to Munyama in 2004 for contract extensions after additional work by Khomas Engineering became necessary. Prinz testified that Munyama had approved both requests.The first request dated October 19 2004 relates to additional work amounting to N$152 975.

The second one, dated December 7 2004, relates to a contract extension for work amounting to N$152 975 “for supply, installation, transportation and labour plus N$54 972 for additional work...”Hinda earlier said that the NBC’s records were in such a mess that it could not properly account whether Khomas Engineering had been overpaid or not.

Van Niekerk recalled Prinz to the witness stand after he had already testified earlier.Hinda applied for Theodor’s discharge more than a week ago. Judgement in this application remains pending.Munyama’s laywer, Boris Isaacks, earlier closed his client’s case after Marondedze had closed the State’s case.