Ex-prosecutor found guilty of corruption

FORMER Outapi Magistrate’s Court Public Prosecutor Stanley Nakale was found guilty on four charges of corruption and a count of defeating the course of justice as his trial entered its closing chapter in the High Court in Windhoek yesterday.

Judge Louis Muller also convicted two former colleagues of Nakale (31) – Kingsley Gwala (23) and Charmain Izaaks (37) – on a charge of fraud each. Gwala and Izaaks were working as clerks at the Outapi Magistrate’s Court when Nakale was stationed there.Nakale, Gwala and Izaaks are due to be sentenced this afternoon.All three of them pleaded not guilty to the 14 charges when their trial started on June 28 last year.The charges were four counts of corruption under Namibia’s Anti-Corruption Act of 2003, 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 was alleged that they had acted with a common purpose to unlawfully release on bail an incest suspect who was accused of raping 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 had been properly granted bail, whereas Nakale had in fact arranged that he be given bail without appearing before a Magistrate.The bribe was paid into a bank account that belonged to Gwala, it was further alleged.Judge Muller convicted Nakale on all four corruption charges.In terms of these charges, Nakale was accused of having contravened various sections of the Anti-Corruption Act on May 20 2005 by: * soliciting a bribe of N$7 000 from the incest suspect’s wife in order to arrange the suspect’s release; * using a warrant of detention that contained false information to the effect that the suspect had been granted bail of N$1 000 with the intention of misleading the Ministry of Justice that the suspect had indeed been given bail; and on May 23 2005 by * having a part in making a false entry on the suspect’s case record to indicate that he had been granted bail when he appeared in court, whereas he never appeared before a Magistrate to be given bail; and * having a hand in the making of a false entry in the Okahao Magistrate’s Court’s criminal court book to make it appear as if the suspect had been granted bail during an appearance in court.Nakale further was convicted of defeating or obstructing the course of justice for having arranged the release of the suspect on bail without the suspect appearing in court.The suspect’s daughter, who had laid a rape charge against him, was opposed to him being granted bail.Some time after he was nevertheless released on bail, she had the charge against him withdrawn.Gwala was found guilty of fraud for signing a warrant of detention – something that only a Magistrate is allowed to do – that falsely indicated that the suspect had been granted bail of N$1 000.Izaaks in turn was found guilty on a further charge of fraud for having made entries on the suspect’s case record and in the Okahao Magistrate’s Court’s criminal court book to indicate that the suspect had appeared before her, acting as Assistant Magistrate, on May 20 and that he had been granted bail of N$1 000, whereas such a court appearance never took place.During the trial, Nakale told the court that the N$7 000 paid into Gwala’s bank account was money that Nakale had to take to a friend’s brother so that it could be used to pay for a plot of land that the friend had bought.Judge Muller, noting that the suspect’s wife had given uncontested evidence that Nakale asked her to pay N$7 000 for her husband’s bail, dismissed Nakale’s defence on this score with some scathing remarks.”This is also a cock-and-bull story and I do not believe a word of it,” the Judge said.The proof that Nakale’s version of the purpose of the payment was “nothing but a fairytale”, the Judge also commented, further lay in the fact that the witness Nakale called to back up his claim that the money was to be used to pay for a plot, then actually told the court that the money was meant to pay for the suspect’s bail after all.Nakale “attempted to pull wool over the court’s eyes by providing an innocent reason for payment of the N$7 000 and to remove him from the receiving end of this money”, Judge Muller remarked.Nakale conducted his own defence during most of the trial.Marlene Dammert represented Gwala and Izaaks.State Advocate Sandra Miller prosecuted.Gwala and Izaaks were working as clerks at the Outapi Magistrate’s Court when Nakale was stationed there.Nakale, Gwala and Izaaks are due to be sentenced this afternoon.All three of them pleaded not guilty to the 14 charges when their trial started on June 28 last year.The charges were four counts of corruption under Namibia’s Anti-Corruption Act of 2003, 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 was alleged that they had acted with a common purpose to unlawfully release on bail an incest suspect who was accused of raping 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 had been properly granted bail, whereas Nakale had in fact arranged that he be given bail without appearing before a Magistrate.The bribe was paid into a bank account that belonged to Gwala, it was further alleged.Judge Muller convicted Nakale on all four corruption charges.In terms of these charges, Nakale was accused of having contravened various sections of the Anti-Corruption Act on May 20 2005 by: * soliciting a bribe of N$7 000 from the incest suspect’s wife in order to arrange the suspect’s release; * using a warrant of detention that contained false information to the effect that the suspect had been granted bail of N$1 000 with the intention of misleading the Ministry of Justice that the suspect had indeed been given bail; and on May 23 2005 by * having a part in making a false entry on the suspect’s case record to indicate that he had been granted bail when he appeared in court, whereas he never appeared before a Magistrate to be given bail; and * having a hand in the making of a false entry in the Okahao Magistrate’s Court’s criminal court book to make it appear as if the suspect had been granted bail during an appearance in court.Nakale further was convicted of defeating or obstructing the course of justice for having arranged the release of the suspect on bail without the suspect appearing in court.The suspect’s daughter, who had laid a rape charge against him, was opposed to him being granted bail.Some time after he was nevertheless released on bail, she had the charge against him withdrawn.Gwala was found guilty of fraud for signing a warrant of detention – something that only a Magistrate is allowed to do – that falsely indicated that the suspect had been granted bail of N$1 000.Izaaks in turn was found guilty on a further charge of fraud for having made entries on the suspect’s case record and in the Okahao Magistrate’s Court’s criminal court book to indicate that the suspect had appeared before her, acting as Assistant Magistrate, on May 20 and that he had been granted bail of N$1 000, whereas such a court appearance never took place.During the trial, Nakale told the court that the N$7 000 paid into Gwala’s bank account was money that Nakale had to take to a friend’s brother so that it could be used to pay for a plot of land that the friend had bought.Judge Muller, noting that the suspect’s wife had given uncontested evidence that Nakale asked her to pay N$7 000 for her husband’s bail, dismissed Nakale’s defence on this score with some scathing remarks.”This is also a cock-and-bull story and I do not believe a word of it,” the Judge said.The proof that Nakale’s version of the purpose of the payment was “nothing but a fairytale”, the Judge also commented, further lay in the fact that the witness Nakale called to back up his claim that the money was to be used to pay for a plot, then actually told the court that the money was meant to pay for the suspect’s bail after all.Nakale “attempted to pull wool over the court’s eyes by providing an innocent reason for payment of the N$7 000 and to remove him from the receiving end of this money”, Judge Muller remarked.Nakale conducted his own defence during most of the trial.Marlene Dammert represented Gwala and Izaaks.State Advocate Sandra Miller prosecuted.