Former magistrate claims ACC overstepped
In the trial against former magistrate Walter 'Rooies' Mostert, he claims that the court cannot handle his case because the Anti-Corruption Commission of Namibia (ACC) was not authorised to investigate all the charges against him.
"The court has no jurisdiction to hear the offences in the charges presented by the prosecutor-general in this case," he argued.
Mostert faces charges related to the alleged acquisition of illegal birth certificates, identity documents and passports, and extortion and fraud amounting to N$250 000. He contends that the ACC did not have the authority at the time to investigate offences under the Prevention of Organised Crime Act (POCA), rendering their investigation unlawful.
Additionally, he argues that the ACC is not authorised to investigate alleged violations of the Immigration Act or common law offences.
He argues that this contradicts the Anti-Corruption Act and that his subsequent prosecution is based on information gathered by the ACC. On this basis, he argues that the court is not competent to prosecute him given such illegality.
"The ACC can only investigate cases for which it was created and established. The rest falls under the Namibian police, just as the ACC cannot investigate murder, even if it relates to an allegation of corruption."
Legal squabble
Mostert argues that he only dealt with the ACC before his arrest, and that the Namibian police only became involved after his arrest in Tses on 1 May 2021.
"Nevertheless, ACC officers testified in this case because they were the only officers who investigated the offences."
This follows earlier allegations by Mostert that the ACC investigators were supposedly not appointed as commissioners of oaths in accordance with the law.
Mostert is set to appear again today in the Katutura Regional Court as his trial resumes.
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"The court has no jurisdiction to hear the offences in the charges presented by the prosecutor-general in this case," he argued.
Mostert faces charges related to the alleged acquisition of illegal birth certificates, identity documents and passports, and extortion and fraud amounting to N$250 000. He contends that the ACC did not have the authority at the time to investigate offences under the Prevention of Organised Crime Act (POCA), rendering their investigation unlawful.
Additionally, he argues that the ACC is not authorised to investigate alleged violations of the Immigration Act or common law offences.
He argues that this contradicts the Anti-Corruption Act and that his subsequent prosecution is based on information gathered by the ACC. On this basis, he argues that the court is not competent to prosecute him given such illegality.
"The ACC can only investigate cases for which it was created and established. The rest falls under the Namibian police, just as the ACC cannot investigate murder, even if it relates to an allegation of corruption."
Legal squabble
Mostert argues that he only dealt with the ACC before his arrest, and that the Namibian police only became involved after his arrest in Tses on 1 May 2021.
"Nevertheless, ACC officers testified in this case because they were the only officers who investigated the offences."
This follows earlier allegations by Mostert that the ACC investigators were supposedly not appointed as commissioners of oaths in accordance with the law.
Mostert is set to appear again today in the Katutura Regional Court as his trial resumes.
– [email protected]
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