Couple sues police for 'illegal' search and seizure
38 days in custody
Coenraad (Coenie) Botha and his wife, Charlotte Murove, were arrested in March this year.
Crypto investor Coenraad (Coenie) Botha and his wife believe that their 38 days in police custody were a "life-changing ordeal."
In a statement submitted to court as part of an urgent application the couple has brought against the police, they said: "We were subjected to terrible and inhumane conditions while being separated from our minor son (4)."
Botha and his wife, Charlotte Murove, were arrested in March this year at the Buitepos border post while attempting to travel to South Africa.
Botha and Murove are accused of defrauding investors of approximately N$160 million through a Ponzi scheme.
After their arrest, Botha, Murove and their son were transported to Windhoek, where they had to arrange for their four-year-old to stay with someone while they were in custody.
A few days later, they were released after a magistrate decided their detention was unlawful. However, they were soon arrested again.
'It was devastating as we hoped to see our son, whose condition we could not determine since we had no contact with him,' Botha explained in his statement.
Expected sentences
They face charges including fraud, violations of banking laws and violations of the Organised Crime Prevention Act.
The couple was released on bail on 18 April and filed an urgent application in May against, among others, the Inspector-General of the Namibian Police.
In Namibian Police General Major Anne-Marie Nainda's statement, she noted that the couple and their entities are facing a total of 64 charges.
"They are likely to receive long prison sentences. It is also highly likely that additional charges will be added, as the investigation is not yet complete,' she said.
In their court case against law enforcement authorities, Botha and Murove claim that the police officers who arrested them at the border illegally searched them and confiscated their vehicle and electronic devices without a warrant.
'Invalid' seizures
The couple is seeking a court order to declare the search and seizure of their items and property invalid and to have it set aside. They demand that the confiscated items and property be returned to them.
The items include laptops, cell phones, a hard drive, and a cold storage wallet, which allegedly contains millions in cryptocurrency.
"There is a lot of private information on these devices, not only between my wife and me but also between me and several third parties," Botha informs the court.
In his statement, Botha also claims that the police forced them to provide the passwords for the devices, alleging that they were threatened with additional charges if they refused.
“Our right to privacy is violated on a daily basis. My wife and I are suffering ongoing, irreparable harm.”
Botha and Murove argue that the search and seizure were illegal, claiming it violated their constitutional right to privacy and that there was no legal basis to conduct it without a warrant.
They also contend that the police did not have a reasonable suspicion that they had committed any crimes.
Nainda, in her statement, argues that the police had more than enough evidence against Botha and Murove before their arrest.
“The items that were seized were essential. Electronic devices are central to carrying out these types of offences,” she says in her statement, adding that there wasn’t enough time to obtain a warrant, as the police believed the couple intended to flee.
In a statement submitted to court as part of an urgent application the couple has brought against the police, they said: "We were subjected to terrible and inhumane conditions while being separated from our minor son (4)."
Botha and his wife, Charlotte Murove, were arrested in March this year at the Buitepos border post while attempting to travel to South Africa.
Botha and Murove are accused of defrauding investors of approximately N$160 million through a Ponzi scheme.
After their arrest, Botha, Murove and their son were transported to Windhoek, where they had to arrange for their four-year-old to stay with someone while they were in custody.
A few days later, they were released after a magistrate decided their detention was unlawful. However, they were soon arrested again.
'It was devastating as we hoped to see our son, whose condition we could not determine since we had no contact with him,' Botha explained in his statement.
Expected sentences
They face charges including fraud, violations of banking laws and violations of the Organised Crime Prevention Act.
The couple was released on bail on 18 April and filed an urgent application in May against, among others, the Inspector-General of the Namibian Police.
In Namibian Police General Major Anne-Marie Nainda's statement, she noted that the couple and their entities are facing a total of 64 charges.
"They are likely to receive long prison sentences. It is also highly likely that additional charges will be added, as the investigation is not yet complete,' she said.
In their court case against law enforcement authorities, Botha and Murove claim that the police officers who arrested them at the border illegally searched them and confiscated their vehicle and electronic devices without a warrant.
'Invalid' seizures
The couple is seeking a court order to declare the search and seizure of their items and property invalid and to have it set aside. They demand that the confiscated items and property be returned to them.
The items include laptops, cell phones, a hard drive, and a cold storage wallet, which allegedly contains millions in cryptocurrency.
"There is a lot of private information on these devices, not only between my wife and me but also between me and several third parties," Botha informs the court.
In his statement, Botha also claims that the police forced them to provide the passwords for the devices, alleging that they were threatened with additional charges if they refused.
“Our right to privacy is violated on a daily basis. My wife and I are suffering ongoing, irreparable harm.”
Botha and Murove argue that the search and seizure were illegal, claiming it violated their constitutional right to privacy and that there was no legal basis to conduct it without a warrant.
They also contend that the police did not have a reasonable suspicion that they had committed any crimes.
Nainda, in her statement, argues that the police had more than enough evidence against Botha and Murove before their arrest.
“The items that were seized were essential. Electronic devices are central to carrying out these types of offences,” she says in her statement, adding that there wasn’t enough time to obtain a warrant, as the police believed the couple intended to flee.
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