Police officer's fraud case continues
The trial of the former police officer, Ricardo Nestor, who was initially charged with fraud amounting to more than N$10 million, will continue in court this week.
However, Nestor is now only facing three charges of fraud related to N$720 000 after the court acquitted him of six charges.
According to Nestor's legal representative, Albert Titus, Nestor will take the witness stand this week and will not call any further witnesses.
After the State closed its case, Nestor filed an application under Section 174 of the Criminal Procedure Act (CPA), arguing that the State had not presented enough evidence for the court to find him guilty of the charges against him.
Direct evidence lacking
Judge Philanda Christiaan acquitted Nestor of six out of the nine charges he faced in November. She found that they had not succeeded in proving a case beyond a reasonable doubt against Nestor.
Christiaan further stated that the State's case is primarily based on circumstantial evidence, with no direct evidence linking Nestor to the crimes committed.
"There are no facts presented that prove that the accused had access to the computers, the login credentials or the internet banking profiles of any of the complainants," Christiaan said in her judgment.
She further said there is no evidence that Nestor received or drew on the funds transferred from these accounts.
The charges on which he was acquitted relate to allegations that Nestor defrauded Namibia Marble and Granite near Karibib and/or Carmen Bianca Wittreich of an amount of N$10 million. Additionally, there is a further charge that he defrauded, among others, Spot-On Discount Liquor and Meransha Properties.
Additional charges
The charges that Nestor still faces pertain to Tayo Namibia. It is alleged that Nestor falsely represented to Tayo Namibia that the bank account of Walcon Construction had been changed from Bank Windhoek to Standard Bank and that Tayo Namibia should pay an amount of N$720 000 into the Standard Bank account for work that was purportedly done by Walcon Construction.
Nestor is currently in custody at Windhoek Central Prison and appeared before Christiaan in the Windhoek High Court on Tuesday.
His trial is expected to continue for the remainder of the week.
– [email protected]
However, Nestor is now only facing three charges of fraud related to N$720 000 after the court acquitted him of six charges.
According to Nestor's legal representative, Albert Titus, Nestor will take the witness stand this week and will not call any further witnesses.
After the State closed its case, Nestor filed an application under Section 174 of the Criminal Procedure Act (CPA), arguing that the State had not presented enough evidence for the court to find him guilty of the charges against him.
Direct evidence lacking
Judge Philanda Christiaan acquitted Nestor of six out of the nine charges he faced in November. She found that they had not succeeded in proving a case beyond a reasonable doubt against Nestor.
Christiaan further stated that the State's case is primarily based on circumstantial evidence, with no direct evidence linking Nestor to the crimes committed.
"There are no facts presented that prove that the accused had access to the computers, the login credentials or the internet banking profiles of any of the complainants," Christiaan said in her judgment.
She further said there is no evidence that Nestor received or drew on the funds transferred from these accounts.
The charges on which he was acquitted relate to allegations that Nestor defrauded Namibia Marble and Granite near Karibib and/or Carmen Bianca Wittreich of an amount of N$10 million. Additionally, there is a further charge that he defrauded, among others, Spot-On Discount Liquor and Meransha Properties.
Additional charges
The charges that Nestor still faces pertain to Tayo Namibia. It is alleged that Nestor falsely represented to Tayo Namibia that the bank account of Walcon Construction had been changed from Bank Windhoek to Standard Bank and that Tayo Namibia should pay an amount of N$720 000 into the Standard Bank account for work that was purportedly done by Walcon Construction.
Nestor is currently in custody at Windhoek Central Prison and appeared before Christiaan in the Windhoek High Court on Tuesday.
His trial is expected to continue for the remainder of the week.
– [email protected]
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