No escape from corruption charges for ex-Prosecutor

A FORMER Public Prosecutor of the Outapi Magistrate’s court and two officials from that court suffered a setback in their corruption trial in the High Court in Windhoek this week, when they failed to have the charges against them dismissed.

Evidence so far produced in the trial of former prosecutor Stanley Nakale (31) and the two people standing trial with him – court clerk Kingsley Gwala (22) and senior legal clerk Charmain Izaaks (36) – indicates that they may be convicted on all 14 charges that they are facing, Judge Louis Muller remarked on Tuesday when he refused to discharge the three on all charges after the State had presented its evidence against them. Judge Muller’s ruling means that the trio will have to return to the High Court when their trial continues from February 5 to 16 next year, and that they will have to decide if they will be presenting evidence in their own defence when the trial continues.They asked for their discharge after State advocate Sandra Miller had closed the prosecution’s case following almost three weeks of proceedings, in which the testimony of 10 State witnesses was heard, in late June and the first half of July this year.Nakale, Gwala and Izaaks each face four counts of corruption, three charges of fraud, a count of defeating or obstructing the course of justice, three charges of forgery and three counts of uttering.All of the charges are linked to the release of a rape and incest suspect from Police custody on May 20 last year.The suspect had been arrested on April 1, and was ordered to be kept in custody when he first appeared in the Okahao Magistrate’s Court on April 4 last year.On May 20, however, he was suddenly released on bail of N$1 000 – without properly having been granted bail by any court.According to evidence so far heard in their trial, Nakale asked the suspect’s girlfriend to deposit N$7 000 into a bank account before the man was released on bail.That bank account belonged to Gwala, who again withdrew N$6 950 from the account and handed this money to Nakale – who then took him out for a round of drinks.On the same day, Nakale paid N$2 000 into his mother’s bank account and N$950 into his own account, the court also heard.The evidence further showed that Gwala signed a warrant for the release of the rape suspect that was dated May 20 last year, and that Izaaks made an entry into the court record book of the Okahao Magistrate’s Court on May 23 last year to reflect that the suspect had been in court three days earlier and had been granted bail – whereas the suspect had been at Tsumeb on that day, Judge Muller recounted in his ruling on Tuesday.The suspect himself deposited another N$1 000 – separate from the N$7 000 paid by his girlfriend – to be released on bail.After his release, he was again in contact with the daughter that he was accused of having raped, and she was persuaded to withdraw the charge against him.At this stage of the trial, Judge Muller said, the evidence pointed to an inescapable inference that there was a common purpose between the three court officials and that they were involved in a scheme in which each of them played a role.In many corruption or fraud cases, the conduct of one accused person is dependent on the conduct of another accused, and in such a case it may be fatal to the prosecution’s case if the any of the accused is discharged at the close of the State’s case, the Judge said.With the State’s case against Nakale and his co-accused relying on an allegation that the three had acted with a common purpose, it could likewise be disastrous for the State’s case if any of the three suspects were to be discharged at this stage, he added.He went on to note that it appeared that one or more of the three accused may incriminate the others if they eventually testified in their own defence, and that this may supplement the State’s case against the other accused.At this stage, the evidence produced by the State, supported to a large extent by admissions by Gwala and Izaaks, show that a man “who was charged with a very serious offence and kept in custody without bail, was suddenly and irregularly released on bail without a court hearing in circumstances in which all three accused played a role,” Judge Muller said.He added that he believed there was evidence on which a reasonable court, acting carefully, may convict the three on all the charges.Nakale has been representing himself through most of the trial.Defence lawyer Marlene Dammert has been representing Gwala and Izaaks.Nakale remains free on bail of N$500 until the trial resumes.Gwala and Izaaks are free on a warning from the court.Judge Muller’s ruling means that the trio will have to return to the High Court when their trial continues from February 5 to 16 next year, and that they will have to decide if they will be presenting evidence in their own defence when the trial continues.They asked for their discharge after State advocate Sandra Miller had closed the prosecution’s case following almost three weeks of proceedings, in which the testimony of 10 State witnesses was heard, in late June and the first half of July this year.Nakale, Gwala and Izaaks each face four counts of corruption, three charges of fraud, a count of defeating or obstructing the course of justice, three charges of forgery and three counts of uttering.All of the charges are linked to the release of a rape and incest suspect from Police custody on May 20 last year.The suspect had been arrested on April 1, and was ordered to be kept in custody when he first appeared in the Okahao Magistrate’s Court on April 4 last year.On May 20, however, he was suddenly released on bail of N$1 000 – without properly having been granted bail by any court.According to evidence so far heard in their trial, Nakale asked the suspect’s girlfriend to deposit N$7 000 into a bank account before the man was released on bail.That bank account belonged to Gwala, who again withdrew N$6 950 from the account and handed this money to Nakale – who then took him out for a round of drinks.On the same day, Nakale paid N$2 000 into his mother’s bank account and N$950 into his own account, the court also heard.The evidence further showed that Gwala signed a warrant for the release of the rape suspect that was dated May 20 last year, and that Izaaks made an entry into the court record book of the Okahao Magistrate’s Court on May 23 last year to reflect that the suspect had been in court three days earlier and had been granted bail – whereas the suspect had been at Tsumeb on that day, Judge Muller recounted in his ruling on Tuesday.The suspect himself deposited another N$1 000 – separate from the N$7 000 paid by his girlfriend – to be released on bail.After his release, he was again in contact with the daughter that he was accused of having raped, and she was persuaded to withdraw the charge against him.At this stage of the trial, Judge Muller said, the evidence pointed to an inescapable inference that there was a common purpose between the three court officials and that they were involved in a scheme in which each of them played a role.In many corruption or fraud cases, the conduct of one accused person is dependent on the conduct of another accused, and in such a case it may be fatal to the prosecution’s case if the any of the accused is discharged at the close of the State’s case, the Judge said.With the State’s case against Nakale and his co-accused relying on an allegation that the three had acted with a common purpose, it could likewise be disastrous for the State’s case if any of the three suspects were to be discharged at this stage, he added.He went on to note that it appeared that one or more of the three accused may incriminate the others if they eventually testified in their own defence, and that this may supplement the State’s case against the other accused.At this stage, the evidence produced by the State, supported to a large extent by admissions by Gwala and Izaaks, show that a man “who was charged with a very serious offence and kept in custody without bail, was suddenly and irregularly released on bail without a court hearing in circumstances in which all three accused played a role,” Judge Muller said.He added that he believed there was evidence on which a reasonable court, acting carefully, may convict the three on all the charges.Nakale has been representing himself through most of the trial.Defence lawyer Marlene Dammert has been representing Gwala and Izaaks.Nakale remains free on bail of N$500 until the trial resumes.Gwala and Izaaks are free on a warning from the court.