Prosecutor loses defence lawyer in corruption trial

THE corruption trial of former Outapi Magistrate’s Court Prosecutor Stanley Nakale came to a sudden halt in the High Court in Windhoek on Friday, when Nakale’s defence lawyer announced his withdrawal from the case.

Nakale (30) has now had, and lost, the services of two legal representatives within a week, after his latest defence counsel, Profysen Muluti, withdrew from representing him on Friday. Muluti had taken over Nakale’s legal representation on Monday last week, after Nakale had decided to end the mandate he had given to his previous defence lawyer, Slysken Makando, to represent him at his trial on four counts of corruption and ten other charges.Only two days into the trial, Muluti, too, was history.Muluti told Judge Louis Muller on Friday that he had a consultation with his client after the court had adjourned on Thursday afternoon, and that it appeared then that he had received conflicting instructions from Nakale.As a result, he felt it would be both in Nakale’s own interest and in the interests of justice if he opted to withdrew, Muluti told the Judge.Muluti’s last act on behalf of his now former client was to ask the Judge to adjourn the trial until Thursday this week, in order to give Nakale enough time to get another lawyer to take over his defence and to give the lawyer time to prepare for the continuation of the trial.With State advocate Sandra Miller objecting to such a long adjournment, Judge Muller postponed the trial until tomorrow.If Nakale could not get legal representation by then, he would have to represent himself, the Judge warned him.Nakale is standing trial with two court officials who were stationed at the Outapi Magistrate’s Court at the same time that he was working there as a Public Prosecutor.His co-accused are a senior legal clerk, Charmain Izaaks (36), and a legal clerk, Kingsley Gwala (22).All three face the same 14 charges, which include four counts of corruption, three charges of fraud, three charges of forgery, and a count of defeating or obstructing the course of justice.The charges all flow from allegations that Nakale had solicited and received a bribe of N$7 000 from the wife of an incest and rape suspect in return for getting the suspect released on bail.The suspect’s wife told the court on the first day of the trial on Wednesday last week that she paid N$7 000 into a bank account on May 20 last year, after Nakale had given this account number to her.He husband was thereafter released on bail of N$1 000.He had, however, not appeared before a Magistrate to be granted bail.It is alleged that to make it appear that he had been granted bail during a court appearance, Izaaks made entries to that effect on the record of his case, as well as the record book of the Outapi Magistrate’s Court.The bank account that was allegedly used to channel the money to Nakale belonged to Gwala.At the start of the trial last week, Gwala admitted that the money went through his bank account and that it was paid over to Nakale.Izaaks also admitted having made the entries in question on the case record and in the court book.This was done on instructions from Nakale, her and Gwala’s lawyer, Marlene Dammert, has told the court in an explanation of Izaaks’s plea.All three suspects have pleaded not guilty on all 14 charges.Muluti had taken over Nakale’s legal representation on Monday last week, after Nakale had decided to end the mandate he had given to his previous defence lawyer, Slysken Makando, to represent him at his trial on four counts of corruption and ten other charges.Only two days into the trial, Muluti, too, was history.Muluti told Judge Louis Muller on Friday that he had a consultation with his client after the court had adjourned on Thursday afternoon, and that it appeared then that he had received conflicting instructions from Nakale.As a result, he felt it would be both in Nakale’s own interest and in the interests of justice if he opted to withdrew, Muluti told the Judge.Muluti’s last act on behalf of his now former client was to ask the Judge to adjourn the trial until Thursday this week, in order to give Nakale enough time to get another lawyer to take over his defence and to give the lawyer time to prepare for the continuation of the trial.With State advocate Sandra Miller objecting to such a long adjournment, Judge Muller postponed the trial until tomorrow.If Nakale could not get legal representation by then, he would have to represent himself, the Judge warned him.Nakale is standing trial with two court officials who were stationed at the Outapi Magistrate’s Court at the same time that he was working there as a Public Prosecutor.His co-accused are a senior legal clerk, Charmain Izaaks (36), and a legal clerk, Kingsley Gwala (22).All three face the same 14 charges, which include four counts of corruption, three charges of fraud, three charges of forgery, and a count of defeating or obstructing the course of justice.The charges all flow from allegations that Nakale had solicited and received a bribe of N$7 000 from the wife of an incest and rape suspect in return for getting the suspect released on bail.The suspect’s wife told the court on the first day of the trial on Wednesday last week that she paid N$7 000 into a bank account on May 20 last year, after Nakale had given this account number to her.He husband was thereafter released on bail of N$1 000.He had, however, not appeared before a Magistrate to be granted bail.It is alleged that to make it appear that he had been granted bail during a court appearance, Izaaks made entries to that effect on the record of his case, as well as the record book of the Outapi Magistrate’s Court.The bank account that was allegedly used to channel the money to Nakale belonged to Gwala.At the start of the trial last week, Gwala admitted that the money went through his bank account and that it was paid over to Nakale.Izaaks also admitted having made the entries in question on the case record and in the court book.This was done on instructions from Nakale, her and Gwala’s lawyer, Marlene Dammert, has told the court in an explanation of Izaaks’s plea.All three suspects have pleaded not guilty on all 14 charges.