THE High Court on Friday gave permission to the State to pursue an appeal to increase the two-year prison term that former world champion boxer Harry Simon received last year in connection with a car crash in which three Belgian tourists were killed.
Simon was sentenced to four years’ imprisonment, of which two years were suspended for five years, when his trial in the Walvis Bay Regional Court ended with him being convicted of culpable homicide in early August last year. Simon was prosecuted in connection with the role that he had played in the death of three Belgian visitors to Namibia.The three – a 22-month-old baby, Ibe de Winter, her 31-year-old father, Frederick de Winter, and a 29-year-old mother of two children, Michelle de Clerck – were killed on the evening of November 21 2002 when a car that Simon was driving at great speed crashed head-on into a vehicle carrying a group of Belgian tourists.The collision happened at a turn-off to Langstrand on the road between Swakopmund and Walvis Bay.Since being convicted and sentenced, Simon has remained free on bail of N$10 000 pending an appeal that his lawyer, Slysken Makando, has launched against both the conviction and sentence.The State also filed an application to be given leave to appeal to the High Court against the sentence, which it wants to be increased.This application was considered by Judge Sylvester Mainga on Friday, and the result was that he decided to allow the prosecution to appeal for an increase of the jail term that Simon received.The prosecution’s appeal is set to be heard with Simon’s appeal against his conviction and sentence.A date for the hearing must still be set.The deadly crash on November 21 2002 was the second fatal car collision that Simon had been involved in within a period of 20 months.In April 2001, two Swakopmund residents died close to Swakopmund on the road to Usakos when a Mercedes-Benz vehicle owned by Simon, and of which he was an occupant, crashed into their vehicle from behind.The Police initially reported that Simon had been the driver of his car, but it was later claimed that another occupant of the vehicle, Hans Hauwanga, had been behind the steering wheel.Hauwanga was eventually convicted of culpable homicide in December 2004, and received a four-year prison term of which two years were suspended.Simon, who will turn 34 on Saturday, won a World Boxing Organisation middleweight world champion title in August 1998.He had to vacate his title when he was put out of action after breaking an arm and a leg in the November 2002 collision, and is yet to make a return to the ring.Simon was prosecuted in connection with the role that he had played in the death of three Belgian visitors to Namibia.The three – a 22-month-old baby, Ibe de Winter, her 31-year-old father, Frederick de Winter, and a 29-year-old mother of two children, Michelle de Clerck – were killed on the evening of November 21 2002 when a car that Simon was driving at great speed crashed head-on into a vehicle carrying a group of Belgian tourists.The collision happened at a turn-off to Langstrand on the road between Swakopmund and Walvis Bay.Since being convicted and sentenced, Simon has remained free on bail of N$10 000 pending an appeal that his lawyer, Slysken Makando, has launched against both the conviction and sentence.The State also filed an application to be given leave to appeal to the High Court against the sentence, which it wants to be increased.This application was considered by Judge Sylvester Mainga on Friday, and the result was that he decided to allow the prosecution to appeal for an increase of the jail term that Simon received.The prosecution’s appeal is set to be heard with Simon’s appeal against his conviction and sentence.A date for the hearing must still be set.The deadly crash on November 21 2002 was the second fatal car collision that Simon had been involved in within a period of 20 months.In April 2001, two Swakopmund residents died close to Swakopmund on the road to Usakos when a Mercedes-Benz vehicle owned by Simon, and of which he was an occupant, crashed into their vehicle from behind.The Police initially reported that Simon had been the driver of his car, but it was later claimed that another occupant of the vehicle, Hans Hauwanga, had been behind the steering wheel.Hauwanga was eventually convicted of culpable homicide in December 2004, and received a four-year prison term of which two years were suspended.Simon, who will turn 34 on Saturday, won a World Boxing Organisation middleweight world champion title in August 1998.He had to vacate his title when he was put out of action after breaking an arm and a leg in the November 2002 collision, and is yet to make a return to the ring.
