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Tuesday, December 19, 2006 - Web posted at 7:36:16 GMT Cop is jailed for extortion attempt WERNER MENGESCORRUPTION and dishonesty by public officials, even if it involved only relatively small amounts of money, cannot be tolerated by Namibia's courts, the High Court has warned in a judgement in which it confirmed a prison sentence that was meted out to a Grootfontein Police officer who was accused of soliciting a bribe. |
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Godfriedt Nauseb was still a Police officer, doing criminal investigations, at Grootfontein when an investigation of a housebreaking in April 1999 ended his ten-year-long Police career, and eventually led to him being convicted of extortion and sentenced to a one-year jail term. Magistrate Mikka Namweya sentenced Nauseb, then a 33-year-old father of five children, to that prison term in late January 2003. In mid-February 2003, Nauseb was granted bail of N$2 000 pending an appeal against his conviction and sentence. That respite from serving the jail term has now ended. In a judgement delivered in the High Court in Windhoek last Monday, Acting Judge Christie Liebenberg decided that a sentence of direct imprisonment was called for in Nauseb's case, and that a one-year jail term was appropriate, even though Nauseb's conviction was changed from being found guilty of extortion to being convicted of attempted extortion. Nauseb was accused of having solicited a bribe of N$500 from a person in whose house a suspected stolen sound system was found at Otjituuo, Alfons Uaneko, in return for not arresting and charging Uaneko in connection with a housebreaking that Nauseb was investigating. Having had the suggestion made to him that he could pay N$500 if he wanted to avoid being arrested and charged, Uaneko agreed to meet Nauseb at his shop at Otjituuo to hand over the money. In the meantime, however, he reported Nauseb to the latter's superiors in the Police at Grootfontein, and a trap was set up for the Policeman. After Uaneko had handed N$500 to Nauseb at Otjituuo on April 26 1999, Police officers moved in and arrested Nauseb. Part of the money was found in his wallet, while part had been hidden in his underpants, Acting Judge Liebenberg recounted the evidence that was heard at Nauseb's trial. Nauseb however claimed that Uaneko had simply given him the money at his shop, and that he then arrested Uaneko for attempted bribery. This version of events was rejected by the Magistrate. In the appeal judgement, Acting Judge Liebenberg found that because Uaneko at the time of the handing over of the money at Otjituuo no longer acted due to fear that Nauseb had instilled in him, but acted purely for the purpose of trapping Nauseb, the offence of extortion was not completed. Nauseb should as a result have been convicted of attempted extortion. The Magistrate was correct in rejecting Nauseb's version and accepting the prosecution witnesses', he stated. Magistrate Namweya took a strong view of Nauseb having been a Police officer when he committed the crime, Acting Judge Liebenberg noted. "The Magistrate cannot be faulted for the views taken," he stated. He commented: "Being a Police officer, (Nauseb) was generally entrusted with the proper administration of justice and in particular, to maintain law and order. Instead he abused his position by extorting (money from) a member of the public. In my view this is an aggravating factor to be taken into account in sentencing." Quoting a past court judgement on bribery, he added some words of warning: "It is a crime which strikes at the roots of a decent and honourable public administration. The public - that is to say, every citizen of this country - has a vital interest in the honesty and integrity of the officials of any branch of the public service, from a governmental level down to a village management board level. No departure from the strictest standards of honesty and integrity can be allowed." Lawyer J.E.L. Josua represented Nauseb in the appeal. Dominic Lisulo represented the State. |
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