Zorena Jantze
THE 14 people arrested in a high-profile police operation earlier this month in Windhoek for human trafficking, fraud, money laundering, and racketeering, amounting to about N$ 8.8 million, today had their case postponed to 26 October 2023 for an Urgent Application hearing in the High Windhoek High Court.
The suspects, through the urgent application, are challenging the legality of their detention after alleging that the police detained them for more than 48 hours after their arrest. While they allege that they were arrested on 3 October, the suspects only appeared on 6 October 2023.
The police earlier this month announced that they targeted residential premises and office accommodation in Auasblick, Kleine Kuppe, and Klein Windhoek, as well as one business building, namely Raylon Investments, close cooperation situated on the third floor of Shapumba Towers building in Ausspannplatz.
It was further reported that during the police operation, a total of 20 suspects, including 11 Chinese, five Zimbabweans, and two Namibians, one Singaporean, and one Cuban national, were arrested. Additionally, 88 Namibian youths who were allegedly kept hostage and worked at a call center to defraud investors at night for Raylon Investments were also arrested after being perceived as accomplices.
While the others were released, the 14 charged suspects, which include Chinese nationals Fan Jia (42), Guo Linzie (41), Zheng Haifeng (40), Li Zirian (36), Shi Zi Jun (33), Lin Shu Lin (35), Chen Wuyu (30), Neng Jun Wu (30), Wu Weiyang (22), and Chen You Yi (40), Namibian citizens Tango Muulyau (34), Mdanda Mamelodi Domingo (30), Toivo Herman (40), and Cuban Citizen Carlos Alejandro Batista Valdes (34), appeared before the high court on 24 October.
The charges against them include 98 counts of human trafficking, one count of fraud involving US$ 465 405, 98, Charges of using services of victims of human trafficking, charges of money laundering and racketeering and failing to pay tax.
In the founding affidavit, Toivo Herman described the arrest that happened on 3 October 2023, at his workplace, Shapumba towers. “This is my work address. It took those members about three minutes to get up to the first floor of the building where employees (including me) were working in the evening (nightshift). The Three Police Officers approached me while I was seated at my desk. Two of the Police Officers then went to other rooms in the building to stop everyone from moving. The members of the Namibian Police Force dressed in civilian clothing came into the building and shouted that ‘everyone is under arrest’ and requested that we should all get down on the floor. We all did,” Herman said.
He added that the officers noticed that the Chinese man did not understand what the members of the Force were saying and could not respond to the instructions given timeously. “He does not speak English. I remember seeing one of the Reserve Force members standing on top of the Chinese man with both his feet whilst the man was on the floor. I must additionally state that the members of the Force assaulted all Chinese persons (co-Applicants who are Chinese) so that they can be handed all passports of those people,” Herman testified.
He added that the operation at their office was only completed around 06:00 on the morning of 4 October 2023 and that they remained throughout under arrest and detention.
“All other employees of the scene were put into a bus and taken away. I, together with my co-accused, remained behind,” Herman recounted.
He added that they requested the officials of the Namibian Police present at that time to inform them whether they are being charged and what is happening. Herman added that no explanation was provided save that it was indicated that we would be charged at a later stage. “It was only on 5 October 2023 around 10:30 that a certain officer from the Namibian Police Force who identified himself as Warrant Veiko informed me that we would now be charged formally. “This process only concluded around 01:30 on the morning of 6 October 2023,” Herman said.
The accused further said that the third respondent, warrant officer Shiweda, ordered that none of the Applicants should obtain a visit. “This is in force to this date. He has no such statutory power. This is also confirmed by the Head of the Facility. There are several constitutional values and principles applicable to this matter. Liberty and respect for people’s dignity and the rule of law are some of them,” Herman said.
He concluded that the sad part of the urgent application is an attempt by some of the Respondents to cover up some facts through processes in the lower court. “This, in particular, relates to the question of whether or not the Applicants are lawfully detained. This will bring the name of the judiciary into dispute,” Herman concluded.
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