Africa-Press – Namibia. THE prosecutor general has decided that eight people charged in a massive customs fraud case involving several Chinese-owned businesses trading in Namibia should stand trial in the Windhoek High Court on a total of 1 680 counts.
Seven of the accused in the case were informed of the prosecutor general’s decision when they made their latest appearance in the Windhoek Magistrate’s Court yesterday.
One of the accused, Chinese citizen Tao Huizhong, was not present in court – according to his defence lawyer, Sisa Namandje, because he is in China and has not been able to obtain a new passport in time after his travel document expired.
The accused who appeared in the dock before magistrate Jozanne Klazen are Walvis Bay-based businessman Laurensius Julius and Chinese business people Jack Huang, Gao Zhihua, Jia Hong Ying, Cao Shuhua, Li Dan and Ying Zhang.
In terms of the prosecutor general’s decision, which is dated 4 October and replaces a previous decision taken in February this year, the eight accused and seven corporate entities represented by them will be prosecuted in the High Court on 786 charges of fraud, alternatively theft, and 786 counts of money laundering.
They will also be arraigned on 103 counts of contravening the Customs and Excise Act by presenting false documents and making false declarations and five charges of fraud, read with provisions of the Income Tax Act.
The corporate entities due to be prosecuted are the company Extreme Customs Clearing Services and the close corporation Organise Freight Services, which are both represented by Julius, and the close corporations Golden Phoenix Enterprises, represented by Tao, Trust Investments, represented by Gao, Jia Mu Trading, represented by Jia, Nam-Dam Import & Export, which is represented by Cao, and China South Industry and Trading, represented by Ying.
The state is alleging that the eight accused and the corporate entities that are also charged were involved in a fraudulent scheme in which a total amount of about N$3,1 billion was sent out of Namibia from 2013 to 2016, ostensibly to pay for goods imported into the country, while the costs of freight and other charges for the importation of the goods were overstated to increase the amounts of money transferred out of Namibia.
Julius’ Extreme Customs Clearing Services and Organise Freight Services are alleged to have handled customs procedures and payments for the imports.
The state has also alleged that the accused deposited large amounts in cash, totalling more than N$3,2 billion, which did not tally with the nature and size of their businesses in Namibia, into the bank accounts of Extreme Customs Clearing Services and Organise Freight Services.
Julius and Extreme Customs Clearing Services are alleged to have received income of about N$35 million from processing payments made offshore from the bank accounts of his businesses on behalf of his co-accused.
The list of charges handed to Klazen yesterday indicate that the prosecutor general has decided to charge Julius with 754 counts of fraud, alternatively theft, 754 counts of money laundering, and 103 counts of presenting false documents and making false declarations to Namibia’s customs authorities.
Huang, who was a member of the close corporation Golden Phoenix until December 2013, is due to be prosecuted on 102 charges of fraud, alternatively theft, 102 charges of money laundering, 22 counts of presenting false documents and making false declarations to the customs authorities and one count of fraud (tax evasion).
Cao is facing 311 counts of fraud, alternatively theft, 311 counts of money laundering, and one charge of fraud (tax evasion).
The eight accused denied guilt on all charges during a previous court appearance in January 2019.
They were informed yesterday that they have to appear in the High Court for a first pretrial hearing on 28 April 2023.
Due to Tao’s absence, Klazen issued a warrant for his arrest, but ordered that it would not be executed until 28 April, when he has to first appear in the Windhoek Magistrate’s Court again before the scheduled pretrial hearing in the High Court.
The first arrests in the case were made in December 2016.
All of the accused have subsequently been released on bail ranging from N$500 000 to N$1,5 million.
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