Property developer charged with fraud to hear fate in Feb 2018
WINDHOEK, 13 OCT (NAMPA) - A Swakopmund property developer on trial in the High Court on various charges of fraud involving over N.dollars 1 million, will hear his fate in February next year when the court delivers a judgement in the matter.
Court documents availed to Nampa on Friday show that presiding High Court Judge Naomi Shivute was scheduled to hand down her verdict on Thursday, but could not do so as she was unable to finish compiling the judgement on time.
The judgement will now be made known on 28 February 2018.
In the matter, Swakopmund property developer and Swiss-born Hans Peter Rothen, 69, faces 10 charges of fraud, a charge of theft and another charge of contravention of the regulations of Namibia's Close Corporations Act 26 of 1988.
A summary of substantial facts contained in the charge sheet has it that the criminal charges against Rothen emanated from the alleged ending of the business relationship between him and another member of the Sea Side Properties Investment CC, Bernd Muller during 2002.
According to the allegations, Rothen and Muller entered into a property development partnership at Swakopmund in February 2002 and the two men each held a 50 per cent interest in Sea Side Properties Investment, through which they were to develop property in the coastal town.
It is alleged that between 15 January 2003 and 25 March 2004, Rothen allegedly paid eight value-added tax cheques that the Ministry of Finance had issued in favour of Sea Side Properties Investment into a bank account of a company, Sea Side Properties, of which he (Rothen) was the sole owner, instead of paying the cheques into the close corporation's bank account.
The prosecution alleges the cheques with a total value of N.dollars 1,093 million were paid into the account.
Furthermore, Rothen is accused of having committed an offence of theft by allegedly taking N.dollars 150 000 that belonged to Sea Side Properties and claiming the money had been due to him and his wife as wages.
Rothen denied all charges against him when he entered pleas of not guilty at the start of his trial in September 2008.
Prominent Windhoek-based defence lawyer, Advocate Louis Botes is defending Rothen.
State Advocate Ingrid Husselmann is appearing for the prosecution.