Convict to sue over sentencing error

A FORMER prisoner plans to file a compensation claim against the Prison Service and Ministry of Justice, claiming that he was detained unlawfully for 10 months and 10 days.

“I was deprived of my freedom and dignity and will soon instigate a lawsuit against the Prison Service and Ministry of Justice,” Freddy Johnson told The Namibian. He said his allegedly unlawful detention was the result of an error on a warrant of detention issued on January 25 2005.Johnson said Regional Magistrate Hosea Noabeb sentenced him to five years’ imprisonment, of which three years were suspended, plus a oneyear term to run concurrently on a conviction of attempted rape and assault.He claims that he served a longer term than the actual sentence.Johnson said he was released on Wednesday from the Keetmanshoop Prison after he appeared in the local Magistrate’s Court before Noabeb, who then rectified his sentence.In a copy of a letter to the Reviewing Judge seen by The Namibian, Noabeb admitted his error and requested an amendment of the sentence.”The contrast between the tape-recorded sentence and the handwritten one on count one (1) was the fact that I stated five years’ imprisonment of which two years were suspended on condition.It is in the light of the above that I humbly request the Honourable Reviewing Judge to amend the sentence on count 1 to read five years’ imprisonment of which three years are suspended,” the letter stated.He said his allegedly unlawful detention was the result of an error on a warrant of detention issued on January 25 2005.Johnson said Regional Magistrate Hosea Noabeb sentenced him to five years’ imprisonment, of which three years were suspended, plus a oneyear term to run concurrently on a conviction of attempted rape and assault.He claims that he served a longer term than the actual sentence.Johnson said he was released on Wednesday from the Keetmanshoop Prison after he appeared in the local Magistrate’s Court before Noabeb, who then rectified his sentence.In a copy of a letter to the Reviewing Judge seen by The Namibian, Noabeb admitted his error and requested an amendment of the sentence.”The contrast between the tape-recorded sentence and the handwritten one on count one (1) was the fact that I stated five years’ imprisonment of which two years were suspended on condition.It is in the light of the above that I humbly request the Honourable Reviewing Judge to amend the sentence on count 1 to read five years’ imprisonment of which three years are suspended,” the letter stated.