Walter Mostert, a former Magistrate accused of illegally assisting a South African family to obtain Namibian citizenship, in exchange for a bribe of N$ 340 000 is now applying to have the prosecution against him withdrawn, in a hearing that began today before the high court.
Mostert, who stands represented by Salomon Kanyemba was also accused of escaping from police custody. In his application, he denies escaping from custody and claims his arrest was unlawful, in that he was not presented with a copy of the arrest warrant. In his heads of argument, Mostert claims the Anti corruption commission is not competent to investigate some of the charges against him and that the ACC investigator did not have authority from the Director-General to investigate the case as required by the ACC Act.
It is also his testimony thy the ACC entrapped him by pretending that he was not a suspect but a possible witness. Judge Orben Sibeya is presiding.