Africa-Press – Namibia. THE two men being prosecuted in connection with the discovery of a Namibian record quantity of cocaine in a shipping container at Walvis Bay in June 2018 have failed in an attempt to be found not guilty after the state closed its case in their trial.
In a ruling delivered in the Windhoek High Court yesterday, judge Orben Sibeya found there is sufficient evidence on which Walvis Bay residents Grant Noble (40) and Dinath Azhar (65) could be convicted, unless that evidence is contradicted by them in further proceedings during their trial.
With his ruling, Sibeya dismissed an application by Noble and Azhar to be discharged following the end of the state’s case in their trial.
The two men were successful in respect of an alternative charge of the possession of cocaine, under the main charge of dealing in cocaine, though, with the judge finding there was no evidence that they had been in possession of the cocaine they are accused of having imported from Brazil to Namibia.
Sibeya severely criticised the conduct of a police officer who was one of the 25 state witnesses who testified during the trial since its start in June last year.
He said it appeared part of the testimony given by the officer, Johannes Nghishidimbwa, during the trial was false.
Sibeya called on the inspector general of the Namibian Police to investigate whether Nghishidimbwa made misrepresentations to the court and to take appropriate action on that.
Nghishidimbwa told the court when he applied for a warrant to authorise the search of a shipping container at Walvis Bay harbour on 15 June 2018, he had evidence under oath from another police officer, detective inspector Charles Goagoseb, on which his application for the warrant was based.
Goagoseb, however, denied that he provided information under oath to Nghishidimwa.
Key parts of the search warrant were completed by Nghishidimbwa, with the magistrate who authorised the warrant only signing the document, the judge recounted.
The search warrant turned out to have been flawed in several respects, and the state belatedly conceded that the warrant was invalid, Sibeya noted.
However, instead of relying on the warrant as authority for the search of the container, the state’s case is that the search was carried out by customs officials empowered by the Customs and Excise Act to carry out such a search.
The state is alleging that Noble and Azhar imported a Namibian record quantity of 412kg of cocaine, with an estimated street value of N$206 million, into Namibia between February and 15 June 2018 by having it shipped from Brazil to Walvis Bay.
Police and customs officers discovered the cocaine in a shipping container, hidden in boxes supposedly containing printing paper, on 15 June 2018, the state is alleging.
Noble and Azhar also face a count of money laundering in connection with a transaction through which the consignment in which the cocaine was allegedly found was shipped to Walvis Bay.
The trial is scheduled to continue on 23 March.
Noble has been held in custody since his arrest in June 2018.
Azhar was released on bail in September last year.
Defence lawyer Sisa Namandje is representing the accused.
State advocate Tangeni Iitula is prosecuting.
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