Bruni and McLaren butt heads with police over N$14m diamonds
A case brought by two well-known Windhoek liquidators against the Inspector-General of the Namibian Police regarding uncut diamonds worth about N$14 million is due to go to trial soon.
The liquidators, David Bruni and Ian McLaren, claim they are entitled to the 2 700.45 carats of diamonds as the liquidators of Bret Investments, and that the police are unlawfully delaying the handing over of the gems and consequently hampering the execution of their mandate as liquidators.
"The first defendant [inspector-general] has no legal basis to continue to hold the diamonds," McLaren argued in a statement.
The police claim that the diamonds were confiscated in terms of a violation of the Diamond Act, as they were sold without the authorisation of the mines and energy ministry, adding that the liquidators' case will not succeed based on that fact.
"The diamonds form part of criminal proceedings that have not yet been completed and cannot be handed over until these proceedings have been concluded," the deputy commander in the office of the inspector-general, Allen Bwendo, said in a statement.
The case was adjourned until 7 December for pre-trial proceedings in the Windhoek High Court. The other defendants in the matter include the minister of home affairs, immigration, safety and security, the minister of mines and energy and the Diamond Commissioner.
Testimony
According to Bwendo's statement, which was submitted to the court last week, the defendants plan to call only one witness during the trial - Bartholomeus Alfeus de Klerk.
De Klerk is employed by the Namibian Police as a deputy commissioner in the protected resources division, and is the lead investigating officer in the criminal complaint regarding the alleged violation of the diamond law.
"It appears that two individuals, namely Michael Francois van der Merwe of Bret Investments and Jacob Abramcsyk, entered into an illegal diamond transaction that is contrary to the diamond law," De Klerk said in a statement submitted to the court on 15 November.
He further argued that according to a statement by Van der Merwe, he apparently confirmed this alleged illegal transaction.
"Selling diamonds is governed by the Diamond Act and only a person authorised by the law can sell them. In this case, Section 31 of the Diamond Act was violated as an unauthorised person sold diamonds”.
According to his statement, the diamonds have been booked in as evidence and are believed to be kept under the safe custody of the protected resources division.
Background
In 2008, Bret Investments faced liquidation in terms of a High Court order, and in 2010, Bruni and McLaren were appointed as joint liquidators.
In terms of the court order, the diamonds were placed under police supervision until the legal issue was settled.
As part of a settlement in July 2018, the minister of mines and energy reportedly gave Bruni and McLaren the green light to receive permits from the Diamond Commissioner allowing them to repossess the diamonds.
Their efforts to get the diamonds back are said to have been met with resistance and despite the liquidators' legal claim to the gems, the inspector-general is reportedly refusing to hand them over.
– [email protected]
The liquidators, David Bruni and Ian McLaren, claim they are entitled to the 2 700.45 carats of diamonds as the liquidators of Bret Investments, and that the police are unlawfully delaying the handing over of the gems and consequently hampering the execution of their mandate as liquidators.
"The first defendant [inspector-general] has no legal basis to continue to hold the diamonds," McLaren argued in a statement.
The police claim that the diamonds were confiscated in terms of a violation of the Diamond Act, as they were sold without the authorisation of the mines and energy ministry, adding that the liquidators' case will not succeed based on that fact.
"The diamonds form part of criminal proceedings that have not yet been completed and cannot be handed over until these proceedings have been concluded," the deputy commander in the office of the inspector-general, Allen Bwendo, said in a statement.
The case was adjourned until 7 December for pre-trial proceedings in the Windhoek High Court. The other defendants in the matter include the minister of home affairs, immigration, safety and security, the minister of mines and energy and the Diamond Commissioner.
Testimony
According to Bwendo's statement, which was submitted to the court last week, the defendants plan to call only one witness during the trial - Bartholomeus Alfeus de Klerk.
De Klerk is employed by the Namibian Police as a deputy commissioner in the protected resources division, and is the lead investigating officer in the criminal complaint regarding the alleged violation of the diamond law.
"It appears that two individuals, namely Michael Francois van der Merwe of Bret Investments and Jacob Abramcsyk, entered into an illegal diamond transaction that is contrary to the diamond law," De Klerk said in a statement submitted to the court on 15 November.
He further argued that according to a statement by Van der Merwe, he apparently confirmed this alleged illegal transaction.
"Selling diamonds is governed by the Diamond Act and only a person authorised by the law can sell them. In this case, Section 31 of the Diamond Act was violated as an unauthorised person sold diamonds”.
According to his statement, the diamonds have been booked in as evidence and are believed to be kept under the safe custody of the protected resources division.
Background
In 2008, Bret Investments faced liquidation in terms of a High Court order, and in 2010, Bruni and McLaren were appointed as joint liquidators.
In terms of the court order, the diamonds were placed under police supervision until the legal issue was settled.
As part of a settlement in July 2018, the minister of mines and energy reportedly gave Bruni and McLaren the green light to receive permits from the Diamond Commissioner allowing them to repossess the diamonds.
Their efforts to get the diamonds back are said to have been met with resistance and despite the liquidators' legal claim to the gems, the inspector-general is reportedly refusing to hand them over.
– [email protected]
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