Ex-Justice official sent to prison for 5 years

THE corruption charges on which former Outapi Magistrate’s Court Public Prosecutor Stanley Nakale was convicted in the High Court in Windhoek on Monday have had the additional cost of five years’ imprisonment tacked onto them.

The trial of Nakale (31) and two former colleagues at the Outapi Magistrate’s Court, Kingsley Gwala (23) and Charmain Izaaks (37), ended yesterday with Judge Louis Muller sentencing Nakale to an eight-year prison term on the four corruption charges on which the Judge had found Nakale guilty on Monday. Three years of that sentence were conditionally suspended for five years.On an additional charge of defeating or obstructing the course of justice on which Nakale was also convicted, the Judge sentenced him to a one-year jail term.He ordered that this term should be served concurrently with the sentence for corruption.Gwala and Izaaks were found guilty on a charge of fraud each.Gwala was sentenced to a fine of N$3 000 or 18 months’ imprisonment.He was further sentenced to two years’ imprisonment, suspended for five years on condition he is not convicted of fraud committed during that time.Izaaks was sentenced to a fine of N$5 000 or two years’ imprisonment.In addition, she was sentenced to a three-year prison term, which was suspended in full for five years on condition she is not convicted of fraud during that period.Nakale, Gwala and Izaaks were on trial on 14 charges connected to allegations that they had been involved in a process in which a man who was charged in the Okahao Magistrate’s Court with raping his daughter was illegally released on bail of N$1 000 on May 20 2005.It was alleged – and on Monday accepted by Judge Muller as proven – that Nakale had solicited a payment of N$7 000 from the suspect’s wife before he arranged that the suspect be released on bail of N$1 000.At that stage, the suspect’s daughter was objecting to her father’s release on bail.The involvement of Gwala and Izaaks in this process was limited to them completing official paperwork at the Outapi Magistrate’s Court to make it appear as if the suspect had indeed appeared in court when he had not, and that he had been granted bail during that appearance.Some time after he had been released without appearing in court to be granted bail in accordance with proper procedures, the suspect’s daughter had the rape charge against her father withdrawn.She did that because her father had apologised to her after his release, and she had accepted his apology, she told Judge Muller in the early stages of the trial in late June last year.The Judge remarked during the sentencing yesterday that it was regrettable that someone with Nakale’s abilities – he is a law graduate who acquitted himself well with the conducting of his own defence during the trial, the Judge indicated – had to destroy his career as a prosecutor through this conduct.Judge Muller said Nakale needed to feel that he had been punished for his deeds, which were motivated by greed.In his opinion, Nakale was a person who could be rehabilitated in prison, the Judge also said.COURT ‘CHAOS’ Judge Muller reserved his most cutting remarks during the sentencing for the state of affairs at the Outapi Magistrate’s Court that came to light during the trial.From testimony heard during the trial it became clear that the Outapi Magistrate’s Court, whose Magistrate and Public Prosecutor were also responsible for the Okahao and Ruacana Magistrate’s Courts, was in a chaotic state at the time that the offences that were the subject matter of the trial were committed, Judge Muller noted.He heard during the trial that cases were often postponed in the absence of accused persons, frequently because the Police did not have transport to take detained suspects to court, that postponements were often done by the Public Prosecutor and an interpreter alone, and that an Assistant Magistrate, who was only empowered to postpone cases in the absence of the Magistrate, often not only did postponements but also granted bail to accused persons.”The environment wherein justice was practised is not only shocking, but it was the perfect breeding ground for corrupt practices,” Judge Muller commented.He said that it appeared that the Public Prosecutor and court interpreter, rather than the resident Magistrate, ran the Outapi district’s courts.”The Magistrate did not seem to care, and could not have been unaware of these practices,” he added.Judge Muller continued that he believes that the Ministry of Justice should urgently investigate the manner in which justice is administered in that part of the country.”What is allowed to happen there in the name of justice is an insult to the judicial system in Namibia,” he said.It was no wonder that this chaotic administration was exploited to the prejudice of members of the public, he said.Nakale conducted his own defence during most of the trial.Marlene Dammert represented Gwala and Izaaks.State Advocate Sandra Miller prosecuted.Three years of that sentence were conditionally suspended for five years.On an additional charge of defeating or obstructing the course of justice on which Nakale was also convicted, the Judge sentenced him to a one-year jail term.He ordered that this term should be served concurrently with the sentence for corruption.Gwala and Izaaks were found guilty on a charge of fraud each.Gwala was sentenced to a fine of N$3 000 or 18 months’ imprisonment.He was further sentenced to two years’ imprisonment, suspended for five years on condition he is not convicted of fraud committed during that time.Izaaks was sentenced to a fine of N$5 000 or two years’ imprisonment.In addition, she was sentenced to a three-year prison term, which was suspended in full for five years on condition she is not convicted of fraud during that period.Nakale, Gwala and Izaaks were on trial on 14 charges connected to allegations that they had been involved in a process in which a man who was charged in the Okahao Magistrate’s Court with raping his daughter was illegally released on bail of N$1 000 on May 20 2005.It was alleged – and on Monday accepted by Judge Muller as proven – that Nakale had solicited a payment of N$7 000 from the suspect’s wife before he arranged that the suspect be released on bail of N$1 000.At that stage, the suspect’s daughter was objecting to her father’s release on bail.The involvement of Gwala and Izaaks in this process was limited to them completing official paperwork at the Outapi Magistrate’s Court to make it appear as if the suspect had indeed appeared in court when he had not, and that he had been granted bail during that appearance.Some time after he had been released without appearing in court to be granted bail in accordance with proper procedures, the suspect’s daughter had the rape charge against her father withdrawn. She did that because her father had apologised to her after his release, and she had accepted his apology, she told Judge Muller in the early stages of the trial in late June last year.The Judge remarked during the sentencing yesterday that it was regrettable that someone with Nakale’s abilities – he is a law graduate who acquitted himself well with the conducting of his own defence during the trial, the Judge indicated – had to destroy his career as a prosecutor through this conduct.Judge Muller said Nakale needed to feel that he had been punished for his deeds, which were motivated by greed.In his opinion, Nakale was a person who could be rehabilitated in prison, the Judge also said.COURT ‘CHAOS’ Judge Muller reserved his most cutting remarks during the sentencing for the state of affairs at the Outapi Magistrate’s Court that came to light during the trial.From testimony heard during the trial it became clear that the Outapi Magistrate’s Court, whose Magistrate and Public Prosecutor were also responsible for the Okahao and Ruacana Magistrate’s Courts, was in a chaotic state at the time that the offences that were the subject matter of the trial were committed, Judge Muller noted.He heard during the trial that cases were often postponed in the absence of accused persons, frequently because the Police did not have transport to take detained suspects to court, that postponements were often done by the Public Prosecutor and an interpreter alone, and that an Assistant Magistrate, who was only empowered to postpone cases in the absence of the Magistrate, often not only did postponements but also granted bail to accused persons.”The environment wherein justice was practised is not only shocking, but it was the perfect breeding ground for corrupt practices,” Judge Muller commented.He said that it appeared that the Public Prosecutor and court interpreter, rather than the resident Magistrate, ran the Outapi district’s courts.”The Magistrate did not seem to care, and could not have been unaware of these practices,” he added.Judge Muller continued that he believes that the Ministry of Justice should urgently investigate the manner in which justice is administered in that part of the country.”What is allowed to happen there in the name of justice is an insult to the judicial system in Namibia,” he said.It was no wonder that this chaotic administration was exploited to the prejudice of members of the public, he said.Nakale conducted his own defence during most of the trial.Marlene Dammert represented Gwala and Izaaks.State Advocate Sandra Miller prosecuted.