06 Mar 2019 15:00pm
WINDHOEK, 06 MAR (NAMPA) - The case of the former assistant to the late Andimba Toivo ya Toivo, who faces charges of fraud and theft, was on Wednesday struck off the Windhoek Magistrate's Court roll.
The charges against Elia Shoopala Kapofi stemmed from an alleged illegal withdrawal of N.dollars 71 000 from the deceased's bank account in February 2017.
The case was struck from the roll as per an order issued by Magistrate Samunzala Linus Samunzala on Wednesday after it came to light that the commencement of the trial could not proceed because a police officer in the matter - a certain chief inspector Nangombe - failed to serve subpoenas (summons) to a number of State witnesses to appear before court for trial.
Furthermore, a request for a postponement by Public Prosecutor Tatelo Cuthbert Lusepani was also rejected and as a result, the matter was struck from the court's roll.
Meanwhile, the prosecution may apply for the reinstatement of the case on the roll at a later stage once it gets its house in order.
Kapofi, on 07 May 2018, denied stealing money from the late Ya Toivo's family bank account when he pled not guilty to the charges of fraud and theft before Magistrate Mwilima Mwilima.
He did not give any explanation for the pleas and challenged the State to prove every allegation against him.
It is reported that Kapofi was the late Ya Toivo's personal assistant and driver for a long time.
He was arrested on 18 August 2017 and made his first appearance in court on 21 August 2017.
Earlier reports quoted sources close to the Ya Toivo family as saying Kapofi was trusted with the bank details of the late Ya Toivo and had been withdrawing money from the bank account for the household's expenses.
Kapofi was free on a warning.
Ya Toivo died in Windhoek on 09 June 2017 at the age of 92.
He was one of the co-founders of the Swapo Party in 1960, and its predecessor, the Ovamboland People's Organisation in 1959.
Windhoek-based defence lawyer, Kadhila Amoomo, represented Kapofi.