Liquidators, police’s N$14m diamond fight drags on
Inspector-general ‘refuses’ to return gems
After a legal dispute, the court ordered that the gems be placed under the care of the Namibian Police's protected resources unit for safekeeping.
A legal battle over 2 700 carat diamonds, valued at N$14 million, is dragging on with no end in sight.
The matter – brought by liquidators David Bruni and Ian McLaren and involving Namibian Police inspector-general, the minister of home affairs, immigration, safety and security, the minister of mines and energy and the Diamond Commissioner - was in the Windhoek High Court yesterday for a case management hearing.
In court documents filed last year, the defendants stated that the proceedings were initiated with “no prior written warning” and that notices were filed only on the e-justice system and not served on them.
“Had [Bruni and McLaren] served the notice, they would have been perhaps even be appraised with the fact that the parcels of diamonds they are seeking an order for the inspector-general’s office to return are subject to criminal investigations for various contraventions and that there are pending criminal proceedings, prior to instituting these proceedings.”
Where are the diamonds?
According to court documents, the diamonds at the centre of the dispute were placed in the custody of the police following a liquidation application, but Bruni and McLaren have since claimed that the force is refusing to hand them over - despite several demands.
In 2008, Bret Investments faced liquidation under a High Court order. Two years later, McLaren and Bruni were appointed as joint liquidators, tasked with overseeing the company's assets and liabilities.
Documents, however, state that the diamonds in question were not part of Bret’s ordinary assets, and after a legal dispute, the court ordered that the gems be placed under the care of the Namibian Police’s protected resources unit for safekeeping until the legal matters were resolved.
As part of a settlement in July 2018, the mines minister allegedly gave the nod for McLaren and Bruni to be granted permits by the Diamond Commissioner to reclaim possession of the diamonds.
However, the liquidators’ attempts to retrieve the gems have allegedly been met with resistance. It is claimed that despite their lawful entitlement to the diamonds, the inspector-general has refused to release them.
“Notwithstanding the absence of any further basis upon which to retain the diamonds, the Office of the Inspector-General unlawfully failed and/or refused to hand over the diamonds when requested and demanded, and to which the plaintiffs [Bruni and McLaren] were entitled.
“The inspector-general unlawfully frustrated us in executing our mandate as joint liquidators. This obstruction has had significant consequences. The permits, having a set validity period, expired in January 2019. The inspector-general’s office remains in possession of the diamonds,” the liquidators said.
Your fault
The government attorneys representing the defendants again pointed out that the liquidators only served the notices on e-justice and never served these notices and demands to them.
“This failure [to return the diamonds] is rooted in the fact that the essential written notice, as stipulated in section 39(1) [of the High Court Act], was never served upon or received by the inspector-general’s office and/or the ministry of home affairs, safety and security.
“Furthermore, there is no indication that the ministry waived compliance with the provisions of this particular subsection.”
[email protected]
The matter – brought by liquidators David Bruni and Ian McLaren and involving Namibian Police inspector-general, the minister of home affairs, immigration, safety and security, the minister of mines and energy and the Diamond Commissioner - was in the Windhoek High Court yesterday for a case management hearing.
In court documents filed last year, the defendants stated that the proceedings were initiated with “no prior written warning” and that notices were filed only on the e-justice system and not served on them.
“Had [Bruni and McLaren] served the notice, they would have been perhaps even be appraised with the fact that the parcels of diamonds they are seeking an order for the inspector-general’s office to return are subject to criminal investigations for various contraventions and that there are pending criminal proceedings, prior to instituting these proceedings.”
Where are the diamonds?
According to court documents, the diamonds at the centre of the dispute were placed in the custody of the police following a liquidation application, but Bruni and McLaren have since claimed that the force is refusing to hand them over - despite several demands.
In 2008, Bret Investments faced liquidation under a High Court order. Two years later, McLaren and Bruni were appointed as joint liquidators, tasked with overseeing the company's assets and liabilities.
Documents, however, state that the diamonds in question were not part of Bret’s ordinary assets, and after a legal dispute, the court ordered that the gems be placed under the care of the Namibian Police’s protected resources unit for safekeeping until the legal matters were resolved.
As part of a settlement in July 2018, the mines minister allegedly gave the nod for McLaren and Bruni to be granted permits by the Diamond Commissioner to reclaim possession of the diamonds.
However, the liquidators’ attempts to retrieve the gems have allegedly been met with resistance. It is claimed that despite their lawful entitlement to the diamonds, the inspector-general has refused to release them.
“Notwithstanding the absence of any further basis upon which to retain the diamonds, the Office of the Inspector-General unlawfully failed and/or refused to hand over the diamonds when requested and demanded, and to which the plaintiffs [Bruni and McLaren] were entitled.
“The inspector-general unlawfully frustrated us in executing our mandate as joint liquidators. This obstruction has had significant consequences. The permits, having a set validity period, expired in January 2019. The inspector-general’s office remains in possession of the diamonds,” the liquidators said.
Your fault
The government attorneys representing the defendants again pointed out that the liquidators only served the notices on e-justice and never served these notices and demands to them.
“This failure [to return the diamonds] is rooted in the fact that the essential written notice, as stipulated in section 39(1) [of the High Court Act], was never served upon or received by the inspector-general’s office and/or the ministry of home affairs, safety and security.
“Furthermore, there is no indication that the ministry waived compliance with the provisions of this particular subsection.”
[email protected]
Comments
Namibian Sun
No comments have been left on this article