Date set for verdict in Nakale’s trial

FORMER Outapi Magistrate’s Court Public Prosecutor Stanley Nakale and two of his erstwhile colleagues who are accused of conspiring to grant bail to a rape and incest suspect are scheduled to hear the High Court’s verdict in their corruption trial on June 4.

Judge Louis Muller heard final arguments on the judgement that he has to deliver in the trial of Nakale (31) and two co-accused, Outapi Magistrate’s Court senior clerk Charmaine Izaaks (37) and former court clerk Kingsley Gwala (23), on Monday and Tuesday this week. Nakale, Izaaks and Gwala pleaded not guilty to 14 charges when their trial started on June 28 last year.The charges are four counts of corruption, three counts of fraud, three charges of forgery, three counts of uttering, and a last charge of defeating or obstructing the course of justice.It is alleged that they acted with a common purpose to unlawfully release on bail an incest suspect who was accused of having raped his daughter.It was alleged that Nakale solicited a bribe of N$7 000 from the suspect’s wife on May 20 2005 in order to have the suspect released on bail of N$1 000.Izaaks and Gwala, it was alleged, did the court paperwork to make it appear as if the suspect had appeared in court and that he had been properly granted bail, whereas Nakale had in fact arranged that he be granted bail without appearing before a Magistrate.The money that the suspect’s wife allegedly had to pay to Nakale was paid into a bank account that belonged to Gwala, it was further alleged.State advocate Sandra Miller asked Judge Muller this week to convict Nakale on the first four counts of corruption and the last charge of defeating or obstructing the course of justice.Gwala, she argued, should be convicted on one charge of fraud only, for signing a warrant of detention that falsely indicated that the suspect had been granted bail of N$1 000.Izaaks should be found guilty on another fraud charge for making entries in the suspect’s case record and in the criminal court record book of the Okahao Magistrate’s Court that falsely indicated that the suspect had appeared before her as Assistant Magistrate on May 20 2005 and that he had been granted bail of N$1 000, Miller also argued.Nakale, who conducted his own defence for most of the trial, asked for an acquittal on all charges.He argued that the State had not proven its case against him, and that evidence that he placed before the court showed that the money paid into Gwala’s account in fact was for a property transaction with which Nakale tried to help a friend.Defence counsel Marlene Dammert, who represented Gwala and Izaaks, also asked that both her clients be found not guilty.In respect of both Izaaks and Gwala, she argued, the evidence showed that they acted on instructions given by Nakale, and that neither of them either knew that they were committing any crime or had any intention to commit any offence.Nakale and Gwala remain free on bail.Izaaks is free on a warning from the court.Nakale, Izaaks and Gwala pleaded not guilty to 14 charges when their trial started on June 28 last year.The charges are four counts of corruption, three counts of fraud, three charges of forgery, three counts of uttering, and a last charge of defeating or obstructing the course of justice.It is alleged that they acted with a common purpose to unlawfully release on bail an incest suspect who was accused of having raped his daughter.It was alleged that Nakale solicited a bribe of N$7 000 from the suspect’s wife on May 20 2005 in order to have the suspect released on bail of N$1 000.Izaaks and Gwala, it was alleged, did the court paperwork to make it appear as if the suspect had appeared in court and that he had been properly granted bail, whereas Nakale had in fact arranged that he be granted bail without appearing before a Magistrate.The money that the suspect’s wife allegedly had to pay to Nakale was paid into a bank account that belonged to Gwala, it was further alleged.State advocate Sandra Miller asked Judge Muller this week to convict Nakale on the first four counts of corruption and the last charge of defeating or obstructing the course of justice.Gwala, she argued, should be convicted on one charge of fraud only, for signing a warrant of detention that falsely indicated that the suspect had been granted bail of N$1 000.Izaaks should be found guilty on another fraud charge for making entries in the suspect’s case record and in the criminal court record book of the Okahao Magistrate’s Court that falsely indicated that the suspect had appeared before her as Assistant Magistrate on May 20 2005 and that he had been granted bail of N$1 000, Miller also argued.Nakale, who conducted his own defence for most of the trial, asked for an acquittal on all charges.He argued that the State had not proven its case against him, and that evidence that he placed before the court showed that the money paid into Gwala’s account in fact was for a property transaction with which Nakale tried to help a friend.Defence counsel Marlene Dammert, who represented Gwala and Izaaks, also asked that both her clients be found not guilty.In respect of both Izaaks and Gwala, she argued, the evidence showed that they acted on instructions given by Nakale, and that neither of them either knew that they were committing any crime or had any intention to commit any offence.Nakale and Gwala remain free on bail.Izaaks is free on a warning from the court.