Former Prosecutor sent off to prison – again

THE first High Court trial of former Outapi Magistrate’s Court Public Prosecutor Stanley Nakale ended on Friday just as his second trial concluded in June – with Nakale being sent to jail.

Nakale (32) was sentenced to an effective prison term of five years when his second trial, which started in June last year, came to an end before Judge Louis Muller on June 5 this year. On Friday, another year of imprisonment was added to the load of punishment that has been the result of Nakale’s stint as a Public Prosecutor stationed at the Outapi Magistrate’s Court.In his trial before Judge Muller, Nakale was accused of accepting a bribe of N$7 000 in return for having a rape and incest suspect released on bail.Nakale was finally convicted on four counts of corruption and a charge of defeating the course of justice in that case, and was sentenced to eight years’ imprisonment, of which three years were suspended for five years.NINE CHARGES In his first trial, which started before Judge Kato van Niekerk in March last year, Nakale faced nine charges in connection with allegations that he had used Government-owned vehicles unlawfully and ended up being involved in two accidents – of which one led to the death of a young woman he was transporting – in October 2003 and February and March 2005.Judge Van Niekerk found Nakale guilty of negligent driving, a charge of culpable homicide, two counts of driving a motor vehicle without the consent of the owner or of the person lawfully in charge of it, two charges of fraud and a count of theft on July 27.On Friday, Judge Van Niekerk sentenced Nakale to fines totalling N$5 800 as well as an effective prison term of one year on those charges.On each of two charges that he had been guilty of reckless or negligent driving and driving a vehicle without the owner’s consent when he crashed a Government-owned vehicle into a fence at a village in the Outapi area on the evening of October 18 2003, Judge Van Niekerk sentenced Nakale to a fine of N$1 000 or two months’ imprisonment.On a count of culpable homicide, which flowed from an accident that took place on the road between Oshakati and Outapi on March 6 2005, when a Government-owned vehicle in which Nakale was transporting nine passengers on a Sunday overturned, killing one passenger, Judge Van Niekerk sentenced Nakale to a fine of N$6 000 or one year in prison.Half of that fine and the jail term were conditionally suspended for a period of three years.On one of the fraud charges, Nakale was convicted for using an invalid Government vehicle trip authorisation on March 4 2005 to have a Government vehicle that he had to use for official purposes refuelled.He was sentenced to a fine of N$800 or two months’ imprisonment on that charge.On another fraud charge, where he again used an invalid trip authorisation to have a Government vehicle refuelled on March 6 2005 – but this time in order to use the vehicle for private purposes – Nakale was sentenced to a one-year prison term, with no option of a fine.Judge Van Niekerk further sentenced Nakale to another one-year jail term, which she ordered should be served concurrently with the other one-year prison term, on two charges that he had used a Government vehicle without consent between March 4 and 6 2005, and that he had stolen petrol from Government to drive the vehicle with during this period.As a Public Prosecutor and an officer of the court, the highest standards of conduct were expected of Nakale both in and outside court, the Judge commented during the sentencing.However, looking at the offences he was convicted of, it is clear Nakale behaved in a way not befitting a public servant or Public Prosecutor, the Judge said.Nakale seems to have been a law unto himself, she commented.She noted that during the trial Nakale came across as an articulate and intelligent man who could have made a promising career for himself as a prosecutor.However, he lied to the court on several occasions during the trial, raising doubts about his general honesty, she said.Judge Van Niekerk was informed that Nakale’s mother, who used to work as a cleaner with the Ministry of Health, struggled financially to put him through school and university, where he graduated with a law degree.It is sad that after the sacrifices that had been made by his mother, Nakale ended up going astray in this way, the Judge remarked.State advocate Sandra Miller prosecuted.Defence counsel Sisa Namandje represented Nakale in the last stage of the trial.On Friday, another year of imprisonment was added to the load of punishment that has been the result of Nakale’s stint as a Public Prosecutor stationed at the Outapi Magistrate’s Court.In his trial before Judge Muller, Nakale was accused of accepting a bribe of N$7 000 in return for having a rape and incest suspect released on bail.Nakale was finally convicted on four counts of corruption and a charge of defeating the course of justice in that case, and was sentenced to eight years’ imprisonment, of which three years were suspended for five years.NINE CHARGES In his first trial, which started before Judge Kato van Niekerk in March last year, Nakale faced nine charges in connection with allegations that he had used Government-owned vehicles unlawfully and ended up being involved in two accidents – of which one led to the death of a young woman he was transporting – in October 2003 and February and March 2005.Judge Van Niekerk found Nakale guilty of negligent driving, a charge of culpable homicide, two counts of driving a motor vehicle without the consent of the owner or of the person lawfully in charge of it, two charges of fraud and a count of theft on July 27.On Friday, Judge Van Niekerk sentenced Nakale to fines totalling N$5 800 as well as an effective prison term of one year on those charges.On each of two charges that he had been guilty of reckless or negligent driving and driving a vehicle without the owner’s consent when he crashed a Government-owned vehicle into a fence at a village in the Outapi area on the evening of October 18 2003, Judge Van Niekerk sentenced Nakale to a fine of N$1 000 or two months’ imprisonment.On a count of culpable homicide, which flowed from an accident that took place on the road between Oshakati and Outapi on March 6 2005, when a Government-owned vehicle in which Nakale was transporting nine passengers on a Sunday overturned, killing one passenger, Judge Van Niekerk sentenced Nakale to a fine of N$6 000 or one year in prison.Half of that fine and the jail term were conditionally suspended for a period of three years.On one of the fraud charges, Nakale was convicted for using an invalid Government vehicle trip authorisation on March 4 2005 to have a Government vehicle that he had to use for official purposes refuelled.He was sentenced to a fine of N$800 or two months’ imprisonment on that charge.On another fraud charge, where he again used an invalid trip authorisation to have a Government vehicle refuelled on March 6 2005 – but this time in order to use the vehicle for private purposes – Nakale was sentenced to a one-year prison term, with no option of a fine.Judge Van Niekerk further sentenced Nakale to another one-year jail term, which she ordered should be served concurrently with the other one-year prison term, on two charges that he had used a Government vehicle without consent between March 4 and 6 2005, and that he had stolen petrol from Government to drive the vehicle with during this period.As a Public Prosecutor and an officer of the court, the highest standards of conduct were expected of Nakale both in and outside court, the Judge commented during the sentencing.However, looking at the offences he was convicted of, it is clear Nakale behaved in a way not befitting a public servant or Public Prosecutor, the Judge said.Nakale seems to have been a law unto himself, she commented.She noted that during the trial Nakale came across as an articulate and intelligent man who could have made a promising career for himself as a prosecutor.However, he lied to the court on several occasions during the trial, raising doubts about his general honesty, she said.Judge Van Niekerk was informed that Nakale’s mother, who used to work as a cleaner with the Ministry of Health, struggled financially to put him through school and university, where he graduated with a law degree.It is sad that after the sacrifices that had been made by his mother, Nakale ended up going astray in this way, the Judge remarked.State advocate Sandra Miller prosecuted.Defence counsel Sisa Namandje represented Nakale in the last stage of the trial.