Robert Helao Shivute, who is the appellant in the matter, returned to the Windhoek High Court on Monday where he was informed that a response on his application for a State-sponsored lawyer from the Justice Ministry’s Directorate of Legal Aid to represent him in his planned appeal application, will be made known on 25 February 2013.
On the same day, a date for the start of the proceedings of his appeal application will also be made public.
Shivute appeared before High Court Judge Nate Ndauendapo, while State Advocate Anne-Marie Lategan represented the prosecution.
The matter was thereafter remanded until 25 February this year in order to enable the Justice Ministry’s Directorate of Legal Aid to appoint a lawyer to represent appellant Shivute during his planned appeal application to have both his conviction and sentence reduced.
The 37-year-old Shivute was on 16 July last year sent to jail for an effective five years after he admitted that he defrauded Pupkewitz MegaBuild of more than N.dollars 1,9 million.
Shivute lodged an appeal against both the five-year-prison term and convictions last year.
Judge Nate Ndauendapo sentenced Shivute to five years imprisonment on 31 counts of fraud, 22 charges of forgery and another 22 charges of uttering.
All 75 charges were treated as one for the purposes of sentencing, said Ndauendapo before imposing the sentence at the time.
Shivute admitted that between 24 March 2005 and 31 October 2009, while he was employed as a creditors’ clerk with Pupkewitz MegaBuild, he defrauded the hardware and building materials’ dealer of N.dollars 1,9 million.
In a guilty plea explanation presented by his then defence lawyer Boris Isaacks, Shivute informed the court that he committed the fraud by depositing cheques made out to suppliers of his employer into his own bank account.
Shivute told the court that he committed the crimes because he was angry at his employer after he was not promoted to a supervisor position in the creditors’ department at the company.
He also acknowledged that greed motivated him to commit the fraud, and that the money that he stole from the company was used to help needy relatives, and to cover his personal monthly expenses.
He has been free on bail of N.dollars 50 000 until his bail was withdrawn following his guilty plea, conviction and sentence.
State Advocate Lategan, who represented the State during trial, also appeared for the prosecution on Monday.