By Werner Menges
Liwena Mikiti, a former magistrate accused of defrauding an insurance company by submitting a false claim after a car accident, has been found not guilty by the Windhoek High Court. Judge Eileen Rakow ruled that Mikiti was not guilty of fraud, theft, forgery, uttering a forged document, or money laundering after a trial that began in November 2019.
The state had alleged that Mikiti was involved in a minor collision near Oshakati on June 13, 2014, with his 2009 model Mercedes-Benz. Despite the car being drivable, Mikiti later submitted a claim to Santam Insurance Namibia, falsely stating that the accident occurred a day later, involved a 2010 model vehicle, and caused extensive damage that resulted in the car being written off. As a result, Mikiti received a payout of N$234,555.
The prosecution also claimed that Mikiti altered an accident report before submitting it to his insurance brokers and Santam, but Mikiti denied all charges. He maintained that he did not defraud Santam or his brokers, nor did he engage in money laundering.
During the trial, 13 state witnesses testified, but the defense successfully argued that there was no proof Mikiti altered the accident report or was aware of any forgery. One key witness, a panel beater from Ongwediva, testified that Mikiti’s car only had minor damage from the accident on June 13. The witness also confirmed that Mikiti later claimed to have been in a second accident, which resulted in more severe damage to the vehicle.
Judge Rakow concluded that there was insufficient evidence to link Mikiti to the altered documents or to prove he knowingly presented a forged document to his insurance company. Furthermore, Mikiti’s cellphone records did not support the prosecution’s claims regarding communication with the panel beater. As a result, Mikiti was acquitted of all charges.
