Prosecutor faces string of criminal charges

A FORMER Public Prosecutor at the Outapi Magistrate’s Court made a first appearance in the High Court in Windhoek on no fewer than 23 criminal charges yesterday.

Prosecutor Stanley Nakale (30), who has been suspended, made a pre-trial appearance before Judge President Petrus Damaseb in two separate cases. In one, he faces nine charges, including a count of culpable homicide, based on allegations that he unlawfully used Government vehicles in October 2003 and in late February and early March this year, and had been involved in two accidents with them – one of them fatal – in the process.A trial date from March 13 to 24 next year has been fixed for that case, State advocate Sandra Miller and Nakale’s lawyer, Slysken Makando, informed the Judge President.In the second case, Nakale was joined by two legal clerks who were stationed at the Outapi Magistrate’s office at the same time that he worked there.In that case, Nakale and clerks Charmain Izaaks (35) and Kingsley Gwala (21) face 14 charges.These include four counts of corruption, three counts of fraud, a charge of defeating or obstructing the course of justice, and three counts of forgery.With Gwala still trying to get legal representation, the trio will have to make another pre-trial appearance on those charges in the High Court on February 16.They face allegations that they conspired to have a rape and incest suspect, who had not been granted bail by the Magistrate at Outapi, released on bail of N$1 000 on May 20.It is alleged that Gwala signed a warrant of detention on that date on which it was indicated that the suspect could pay bail of N$1 000.At that stage, no Magistrate had yet granted him bail, though, it is charged.Before the suspect was released on bail, it is further alleged, the suspect’s wife or girlfriend had deposited N$7 000 into a Bank Windhoek account of Gwala, allegedly after Nakale informed her that bail of N$7 000 had to be paid and that it could be deposited into that account.After the deposit had been made, Gwala withdrew N$6 950 from the account and amounts of N$950 and N$2 000 were deposited into bank accounts held by Nakale and Nakale’s mother respectively, it is alleged in the indictment.It is also claimed that Izaaks was not present at court on May 20, when Nakale and Gwala allegedly made the arrangements for the suspect’s release on bail.However, it is charged, on May 23 she made false entries on the rape suspect’s case record and in a court record book to indicate that he had appeared before her in the Okahao Magistrate’s Court on May 20, and that bail of N$1 000 was granted to him on certain conditions.Nakale is free on bail, while Izaaks and Gwala have been released on warning.In one, he faces nine charges, including a count of culpable homicide, based on allegations that he unlawfully used Government vehicles in October 2003 and in late February and early March this year, and had been involved in two accidents with them – one of them fatal – in the process.A trial date from March 13 to 24 next year has been fixed for that case, State advocate Sandra Miller and Nakale’s lawyer, Slysken Makando, informed the Judge President.In the second case, Nakale was joined by two legal clerks who were stationed at the Outapi Magistrate’s office at the same time that he worked there.In that case, Nakale and clerks Charmain Izaaks (35) and Kingsley Gwala (21) face 14 charges.These include four counts of corruption, three counts of fraud, a charge of defeating or obstructing the course of justice, and three counts of forgery.With Gwala still trying to get legal representation, the trio will have to make another pre-trial appearance on those charges in the High Court on February 16.They face allegations that they conspired to have a rape and incest suspect, who had not been granted bail by the Magistrate at Outapi, released on bail of N$1 000 on May 20.It is alleged that Gwala signed a warrant of detention on that date on which it was indicated that the suspect could pay bail of N$1 000.At that stage, no Magistrate had yet granted him bail, though, it is charged.Before the suspect was released on bail, it is further alleged, the suspect’s wife or girlfriend had deposited N$7 000 into a Bank Windhoek account of Gwala, allegedly after Nakale informed her that bail of N$7 000 had to be paid and that it could be deposited into that account.After the deposit had been made, Gwala withdrew N$6 950 from the account and amounts of N$950 and N$2 000 were deposited into bank accounts held by Nakale and Nakale’s mother respectively, it is alleged in the indictment.It is also claimed that Izaaks was not present at court on May 20, when Nakale and Gwala allegedly made the arrangements for the suspect’s release on bail.However, it is charged, on May 23 she made false entries on the rape suspect’s case record and in a court record book to indicate that he had appeared before her in the Okahao Magistrate’s Court on May 20, and that bail of N$1 000 was granted to him on certain conditions.Nakale is free on bail, while Izaaks and Gwala have been released on warning.