ENGELBRECHT Theodor (44) is a free man.

Judge Kato van Niekerk discharged the co-accused of former Namibian Broadcasting Corporation (NBC) director general (DG) Gerry Munyama (54) yesterday morning.

This came after Theodor's lawyer, Gerson Hinda, applied for his client's discharge more than two weeks ago after the State had closed its case.

This means that when the trial resumes this morning in the High Court in Windhoek, Munyama will find himself in the dock alone.

Theodor was charged with fraud, alternatively theft by false pretences or theft. The State alleged that the duo pocketed funds of the beleaguered public broadcaster.

Judge Van Niekerk yesterday said she would later give reasons for her decision to discharge Theodor.

Apart from fraud, Munyama is also on trial for forgery and uttering. He earlier admitted in a four-page statement that he had opened an NBC Executive Account at First National Bank (FNB), using a forged board resolution.

He claimed he wanted "to channel money received on behalf of NBC away from the overdraft account at First National Bank (FNB) and use the money for operational expenditures", because of the financial dire straits of the NBC.

Munyama said he had deposited N$25 000 and N$345 996 into this account on June 1 2005 and July of the same year respectively.

From these deposited amounts, he told the Court that he withdrew a total amount of N$345 470, of which N$244 750 had been paid over to Khomas Engineering CC. The State alleged that this money was meant for the duo's personal use.

Theodor was a member of this close corporation at the time. Munyama did not tell the Court how the rest of the withdrawn money - N$100 720 - had been spent.

Yesterday Judge Van Niekerk said: "I discharge accused number two and he is free to go."

Theodor could barely keep the smile off his face and told The Namibian: "I am relieved from all of this."

He was arrested in November 2007 - two years after Munyama's arrest in November 2005.

The State is represented by State Advocate Ed Marondedze, while Munyama is represented by Boris Isaacks. The case is on the court roll until tomorrow.