THE case in which former National Assembly Secretary Nama Goabab and a co-accused, Abraham George, have been discharged on counts of corruption, is heading to the Supreme Court before the two men's trial will be continuing.

Judge Marlene Tommasi, who discharged Goabab (53) and George (49) on corruption charges after the close of the State's case in their High Court trial a month ago, on Monday granted the State leave to appeal to the Supreme Court against her ruling.

Goabab and George are now scheduled to return to the High Court only on March 17 next year, when a date for the continuation of their trial might be set.

In the meantime, attempts will be made to arrange a date for the hearing of the appeal in the Supreme Court. The appeal will present the Supreme Court with its first opportunity to consider the definition of a corrupt act in the Anti-Corruption Act of 2003, and to have an authoritative say on the question whether the Act has changed the definition of corruption from what it was before the Act came into force.

Goabab was discharged on three counts of corruption on August 9, while George, who is an accountant with the National Assembly, was discharged on two corruption counts.

They were charged on the basis of allegations that they illegally rented two vehicles at Government's cost for Goabab's private use during March and April 2007. The total cost of the vehicle rentals is alleged to have been N$23 552,20, of which N$18 497,20 was actually paid by the National Assembly.

Goabab alone is also charged with a third count in connection with allegations that he unlawfully used a Government vehicle on May 25, 2007, while he was receiving a motor vehicle allowance as part of his salary.

Goabab and George pleaded not guilty to all charges at the start of their trial on March 30 this year.

In her ruling last month, Judge Tommasi discharged Goabab on all three main counts of corruption, while George was discharged on the two main counts of corruption against him. Her ruling still left Goabab and George jointly facing alternative charges of fraud, and fraud or theft, while Goabab is still facing an alternative charge of use of a motor vehicle without the owner's consent as well.

Judge Tommasi in her ruling found that the prosecution did not succeed in proving the main charges, in which Goabab and George were accused of corruptly using their offices or positions for gratification.

Deputy Prosecutor General Orben, who is representing the State in the trial, asked Judge Tommasi in the wake of her ruling to allow the prosecution to appeal to the Supreme Court mid-way through the trial. He argued that the traditional definition of corruption had been broadened by the Anti-Corruption Act, and that the two men were not supposed to have been discharged.