Lay litigant’s fraud trial stalls
The trial involving lay litigant August Maletzky and three others stalled yesterday in the Windhoek High Court because of the absence of legal representation for the accused.
Maletzky and his co-accused are charged in connection with the alleged fraudulent sale of a N$2.5 million house belonging to an Angolan national.
During his appearance yesterday before Judge Christie Liebenberg, Maletzky (48) said the Directorate of Legal Aid has declined to furnish him with a lawyer.
However, upon enquiry from legal aid representative Shaun Gariseb, Maletzky wanted legal aid to appoint a private lawyer instead of an in-house lawyer.
Last year, the Ministry of Justice gave directives to legal aid to discontinue appointing private lawyers and make use of inhouse lawyers due to budgetary constraints.
He has now accepted to be furnished with an in-house legal aid counsel to represent him during his trial.
Maletzky is charged alongside local lawyer, Titus Mbaeva (62) and
Simon Afrikaner (42) on counts of fraud, forgery, corrupt use of a false document, conspiracy to commit fraud and corruption, and money laundering.
All charges emanate from the dubious sale of a house in Windhoek West worth N$2.5 million on 6 July 2017. The prosecution alleges Maletzky defrauded the couple by pretending that he wanted to lease the property in question.
The prosecution further noted Maletzky instead sold the house to a third party by means of
false pretence and without the knowledge of Samuel Visconde Dias, the actual owner of the house.
He was allegedly fully aware that he was not the lawful owner of the house and had no right to sell it.
Court documents indicate that Maletzky used a fraudulent power of attorney in which the property owners supposedly authorised him to sell the house. It is alleged that the power of attorney was prepared by Mbaeva and Afrikaner, according to court documents.
Thus, the three conspired to
commit the offence. With regards to the charge of fraud, it is alleged by the State that the accused in concert and with common purpose wrongfully, unlawfully, falsely and with intent to defraud misrepresented to the Registrar of Deeds and Masiza Law Chambers that Dias and his wife Isobel nominated, constituted and appointed Maletzky with the power of substitution to be their lawful agent or representative in their name and stead to sell, sign all transfer documents and give effect to the transfer of Erf 3733 at the price of N$2.5 million.
Furthermore, the special power of attorney notarised by Mbaeva is authentic and duly signed by Dias.
With regards to the count of corruption, it is charged they acted with a common purpose and gave to an agent with Masiza Law Chambers a special power of attorney dated 6 July 2017 while knowing it is false and contained defective material.
The charge of forgery is in relation to Maletzky only and charges that Maletzky forged the signatures of Dias and his wife.
With regards to the charge of conspiring to commit corruption, it is alleged that the accused in concert and common purpose conspired to commit fraud.
About the charge of money laundering, it is alleged that they between 6 July and December 2017 the group acted with a common purpose to wrongfully, unlawfully and knowingly acquired property, which they knew or ought reasonably to have known that it forms part of the proceeds of unlawful activities.
All accused are currently on bail and they are expected to make a return in court on 18 February.