|
In
less than five minutes, Jacob Alexander, the former chief executive of Comverse
Technology who is fighting extradition from Namibia to face options-related
fraud charges in the United States, had won another delay to his extradition
proceedings when he made a magistrates’ court appearance in Windhoek on Monday
this week.
 |
| Jacob
“Kobi” Alexander (centre) talking to his lawyer Louis Du Pisani of Metcalfe
Legal Practitioners during an earlier court appearance. Left is his wife,
Hanna. |
The extradition hearing was delayed until
26 June, as his lawyers Metcalfe Legal Practitioners of Namibia, who are
assisted by Peter Hodes and Anton Katz, from neighbouring South Africa, argued
that the hearing could not proceed pending the outcome of a High Court
challenge filed by Alexander in August last year on the selection of the
magistrate who will hear the case.
The prosecution team did not object to the
argument. The High Court will hear the challenge on June 16 and 17, said one of
Alexander’s lawyers, Louis Du Pisani of Metcalfe Legal Practitioners.
Alexander’s lawyers have asked the High
Court to declare as unconstitutional the appointment of Petrus Unengu, the
chief of Namibia’s lower courts, as presiding officer at his extradition
hearing.
They are requesting that Unengu, who was
appointed by Namibia's justice minister to hear the extradition, be removed
from the case and that it be assigned to Uaatjo Uanivi, the magistrate who
ordered the release of Alexander on bail of N$10 million in 2006.
If successful, this will be the second
magistrate whom Alexander has forced to step down from the case, which has been
postponed 11 times since his arrest, at US authorities' request after a
two-month manhunt, on September 26, 2006 at his home outside Windhoek.
Alexander, 54, an Israeli citizen also known
as Kobi, is accused in the US of hatching a scheme to pocket millions of
dollars by secretly manipulating stock options.
Comverse's former
general counsel and former head of finance both have pleaded guilty in the
case, and both said in U.S. Federal court that they conspired with Alexander to
backdate options to low points in the stock price and falsify financial
statements to conceal the fraud from shareholders.
|