High Court judges Eileen Rakow and Philanda Christiaan will deliver judgement on 27 March in the bail appeal brought by six accused in the alleged NAMCOR corruption matter.

The judges also refused a request for an immediate ruling from the bench, a submission that was put to the court by Gilroy Kasper, who represents Olivia Dunaiski.

State advocate Basson Lilungwe defended Windhoek magistrate Linus Samunzala’s decision to deny bail, telling the court that Enercon did not sell NAMCOR a “dream” but a “nightmare”.

Lilungwe said defence lawyers Sisa Namandje and Gilroy Kasper disrespected ACC investigating officer Oberty Inambao by referring to him as a hostile witness during the bail proceedings. He argued the arrests were lawful and justified under the Anti-Corruption Act.

During submissions, Judge Christiaan questioned whether Samunzala properly weighed the accused persons’ right to freedom against the public interest when refusing bail.

Lilungwe said the magistrate considered several factors, including the amounts involved and the seriousness of the alleged offences. He conceded that “public interest” is difficult to define but maintained that Samunzala took it into account.

Christiaan also asked whether it was correct for the state to rely on “public interest” without defining it and expect the court to do so. Lilungwe responded that the concept is not clearly defined.