The accused’s former wife (Stephanie), whilst employed by the complainant company, fraudulently syphoned large sums of money away from the company’s bank account and deposited the proceeds into the accused’s savings account. Despite the accused having disputed knowing that these funds were the proceeds of unlawful activity conducted by his former wife, the court at the end of the trial convicted him on the basis that the accused worked hand in hand with his former wife. Once the funds were deposited into his account, he effected the transfer of funds into various other accounts to the financial benefit of both.

During the period extending from December 2009 up to July 2012 Stephanie was employed by Ferrodrill as the Office Administrator and as such responsible for the uploading of payments of the company creditors onto the Bank Windhoek payment system. Once authorised by the Managing Director,  payments would automatically be released (by the system), summarily crediting the creditor’s account. The banking details of the creditors were already uploaded onto the system but could be changed unilaterally and without authorisation by Stephanie. This enabled her to change the banking details of two creditor accounts, Omina Supplies and Navachab Mine (Navachab), effecting payments into the saving accounts of her daughter and the accused instead.

Upon receipt of invoices from these two creditors, Stephanie reproduced same but inflated the amounts. The total sum of N$17 617 781.44 was diverted to the two savings accounts in this way. Subsequent thereto electronic transfers of funds (EFT’s) were made to the creditors, settling the actual amount reflected in the invoice submitted to Ferrodrill for payment. Though the actual prejudice suffered by Ferrodrill amounts to N$4 253 013.50, the accused was charged with the lesser sum of N$4 038 691.90, excluding the amounts reflected in counts 1 and 2 which were withdrawn. The accused admits that he and Stephanie expended the money that remained in the account.

The accused was married to Stephanie but she had left the common home in March 2011; they divorced in November of the same year. Despite the breakup, funds continued being paid into the accused’s savings account from where electronic transfers were made to the creditors. This continued until Stephanie’s arrest on the 23^rd of July 2012.

At the time of their arrest the accused’s independent income was minimal and irregular, deriving from him acting as a ‘transport broker’ against payment of a brokerage fee. According to Stephanie this was merely a front as they were actually living off her salary and the money syphoned from Ferrodrill. She said the morning after her arrest she made a detailed statement to the police and, from the outset, admitted that she and the accused were both involved. Her implicating the accused is therefore not an afterthought, but shows consistency in her version.

The accused was convicted on 32 counts of Theft totalling N$4 038 691.90 and, in respect of the money stolen, on one count of Money-Laundering in contravention of section 4 of the Prevention of Organised Crime Act 29 of 2004 (POCA).