Application on judge recusal still pending in Supreme

26 Apr 2017 14:50pm
WINDHOEK, 26 APR (NAMPA) - An urgent application appealing the dismissal of another application in which the ‘Teko Trio’ seek the recusal of a judge from their trial, is still pending in the Supreme Court.
The trio: Namibians Teckla Lameck, 48, and Jerobeam Mokaxwa, 30, and Chinese national Yang Fan, 39, were in 2009 arrested for alleged fraud worth more than N.dollars 120 million at the Ministry of Finance.
State Advocate Henry Muhongo informed the court on Wednesday when the trio made another appearance before High Court Judge Christie Liebenberg during a pre-trial of case management review, the matter has not yet been set down for a hearing in the Supreme Court.
Liebenberg then postponed the case to 30 August 2017 to allow the Supreme Court to set down a date for the hearing and, thereafter, pronounce itself on an appeal by the group against the dismissal of their application for the recusal of Acting High Court Judge Maphios Cheda.
Cheda on 14 November 2014 dismissed the trio's application for his recusal.
Not happy with this ruling, the trio's privately instructed defence lawyer, Sisa Namandje, then approached the Supreme Court with an urgent appeal against the dismissal of his clients' application for Cheda to be recused from the trial.
Lameck, a former Public Service Commission (PSC) member; Mokaxwa, Lameck’s business partner in the Teko Trading company; and Yang have denied all 18 charges of fraud with ‘not guilty’ pleas at the beginning of their trial in April 2014.
The two Namibians are free on bail of N.dollars 50 000 each, while Yang is free on bail of N.dollars 1 million.
Their bail was on Wednesday extended until their next court appearance.
The three accused were arrested on 08 and 09 July 2009 by officials of the Anti-Corruption Commission (ACC) in connection with the alleged scam through which the Ministry of Finance bought security-scanning equipment from a Chinese company.
Twenty people out of over 80 witnesses have already testified on behalf of the State.