Former Standard Bank employee Mario Santos, who has been accused of stealing N$1,7 million from his employer, was granted bail in an amount of N$25 000 in the Windhoek High Court on Wednesday.
Santos (33) appealed against the court’s decision last year to deny him bail after he was arrested on two counts of fraud and money laundering in October 2022.
It is alleged that Santos claimed and transferred money to a certain late Joseph Johannes da Fonseca, and to his son’s account.
He allegedly caused Franco Esterhuizen, who is a state witness and former colleague, to transfer almost N$1,8 million from the bank’s suspense account under false pretences.
Santos’ formal bail application in the lower court was opposed and dismissed.
He then lodged an appeal against this in the High Court, saying the court failed to consider possible bail conditions.
Santos further stated he is unlikely to interfere with police investigations, and the court should consider the fact that he has a family in Namibia and two minor children he is supporting.
He said he does not have any previous convictions or pending offences, and that the court erred in finding there was an
increased risk of him absconding.
“There was simply no evidence to support this humble view. The only evidence on record is that the accused has no family outside the country and he has never travelled the country and does not intend on doing so,” Santos stated in his appeal.
Judge Herman January delivered the judgement on Tuesday. Judge Dinnah Usiku concurred.
“We find the appellant to be a good candidate for bail with stringent conditions to curb the fear of a likelihood of absconding, and having carefully considered the grounds and factors for and against bail . . . the appeal court is satisfied that the appellant is a candidate for bail,” January said.
In support of his bail application, Santos testified that he is the breadwinner of both his parents, who are pensioners, his two siblings, who are unemployed, and his son, who lives with his [Santo’s] parents.
He said he was responsible for his school fees and resigned not to interfere with police investigations.
Santos said he wanted bail in order to take care of his family and pay for his legal fees, and he was willing to surrender his passport, report to the police weekly, would face his case and would not escape.
He was granted bail in an amount of N$25 000 with the conditions that he surrender his passport to the investigating officer, and should not obtain any travelling documents until the finalisation of this case.
Santos is also required to report to the investigation officer at the Rundu Police Station three times a week, and is not allowed to leave the district and area of Rundu without written permission from this officer.
Santos was also instructed not to interfere with state witnesses or police investigations, and to hand over the bank cards of his
son and the late Da Fonseca.
Santos is expected to make his next court appearance on 12 February.
He was represented by Kadhila Amoomo, while the state was represented by Constance Moyo.
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