Serial stock theft suspect gets bail

A WINDHOEK resident who this year became a serial stock theft suspect had the Constitution’s guarantee of the presumption of innocence to thank for being granted bail of N$5 000 on Friday, after spending more than three months in Police custody.

Ruruu Muuondjo and a co-accused, Uatavi Kamandoru, were arrested on a stock theft charge on March 31 in connection with an allegation that they had been responsible for killing four oxen at Baumgartsbrunn about 30 kilometres west of Windhoek. The oxen are claimed to be worth some N$25 000 – a value that puts the two suspects in line to receive a possible prison term of at least 20 years in terms of the penalties prescribed by the amended Stock Theft Act.During a bail application that Muuondjo, represented by defence lawyer André Louw, brought in the Windhoek Magistrate’s Court, Magistrate Sarel Jacobs heard that she is also facing stock theft charges in the Okahandja and Rehoboth Magistrate’s Courts.In both those cases she has been released on bail.It counts in Muuondjo’s favour that up to now she has been complying with her bail conditions in those two cases, the Magistrate commented in his bail ruling on Friday.He remarked that there could be no doubt that Namibia’s legislature regards stock theft as being a serious offence.While society is entitled to be protected from the risks of having an alleged offender repeat the same offence after being released on bail, Namibia’s Constitution also guarantees that an accused person is presumed innocent until proven guilty in a court of law, Magistrate Jacobs said in his ruling.The mere fact that an accused person is charged with an offence does not mean that the person has committed that offence, the Magistrate said.In the same vein, he added, the fact that allegations of stock theft were levelled against Muuondjo in two other cases also does not mean that if she is released on bail she would again commit the same sort of offence.Any court considering whether to release a person on bail should keep in mind that freedom is a precious right that also is guaranteed by the Constitution, the Magistrate said.It is certainly in the public interest that people who are not convicted should not be in prison or in Police custody, he remarked.He concluded that he was satisfied that it had been shown on a balance of probabilities that if she is released on bail, Muuondjo would stand her trial, would not interfere with the Police’s investigation of the matter, would not commit similar offences, and that it would not prejudice the interest of justice and the public interest to release her on bail.Public Prosecutor Amizé Adams opposed the bail application on behalf of the State.Magistrate Jacobs granted Muuondjo bail of N$5 000 on condition that she has to report to the Wanaheda Police Station each evening, that she may not leave the municipal area of Windhoek without getting permission from the Police officer investigating her case, that she may not interfere with the investigation of the case and that she may not apply to be issued with travelling documents while the case against her is pending.Muuondjo has to appear in the Windhoek Magistrate’s Court again on August 30.Under the amendments to Namibia’s Stock Theft Act that became part of the country’s law in late 2004, someone convicted of stealing livestock valued at more than N$500 is at risk of being sentenced to a prison term of not less than twenty years if the person is a first-time offender as far as stock theft is concerned.Someone convicted of stock theft for a second or subsequent time has to be sentenced to at least 30 years’ imprisonment, the amended Act further states.The Stock Theft Amendment Act prescribes a prison term of not less than two years without the option of a fine for any first-time offender convicted of stealing stock valued at less than N$500.Only when a court is satisfied that there are “substantial and compelling circumstances” which justify the imposition of a lesser sentence than those prescribed, can a court impose shorter prison terms than those set by the Act, the law states.The oxen are claimed to be worth some N$25 000 – a value that puts the two suspects in line to receive a possible prison term of at least 20 years in terms of the penalties prescribed by the amended Stock Theft Act. During a bail application that Muuondjo, represented by defence lawyer André Louw, brought in the Windhoek Magistrate’s Court, Magistrate Sarel Jacobs heard that she is also facing stock theft charges in the Okahandja and Rehoboth Magistrate’s Courts.In both those cases she has been released on bail.It counts in Muuondjo’s favour that up to now she has been complying with her bail conditions in those two cases, the Magistrate commented in his bail ruling on Friday.He remarked that there could be no doubt that Namibia’s legislature regards stock theft as being a serious offence.While society is entitled to be protected from the risks of having an alleged offender repeat the same offence after being released on bail, Namibia’s Constitution also guarantees that an accused person is presumed innocent until proven guilty in a court of law, Magistrate Jacobs said in his ruling.The mere fact that an accused person is charged with an offence does not mean that the person has committed that offence, the Magistrate said.In the same vein, he added, the fact that allegations of stock theft were levelled against Muuondjo in two other cases also does not mean that if she is released on bail she would again commit the same sort of offence.Any court considering whether to release a person on bail should keep in mind that freedom is a precious right that also is guaranteed by the Constitution, the Magistrate said.It is certainly in the public interest that people who are not convicted should not be in prison or in Police custody, he remarked.He concluded that he was satisfied that it had been shown on a balance of probabilities that if she is released on bail, Muuondjo would stand her trial, would not interfere with the Police’s investigation of the matter, would not commit similar offences, and that it would not prejudice the interest of justice and the public interest to release her on bail.Public Prosecutor Amizé Adams opposed the bail application on behalf of the State.Magistrate Jacobs granted Muuondjo bail of N$5 000 on condition that she has to report to the Wanaheda Police Station each evening, that she may not leave the municipal area of Windhoek without getting permission from the Police officer investigating her case, that she may not interfere with the investigation of the case and that she may not apply to be issued with travelling documents while the case against her is pending.Muuondjo has to appear in the Windhoek Magistrate’s Court again on August 30.Under the amendments to Namibia’s Stock Theft Act that became part of the country’s law in late 2004, someone convicted of stealing livestock valued at more than N$500 is at risk of being sentenced to a prison term of not less than twenty years if the person is a first-time offender as far as stock theft is concerned.Someone convicted of stock theft for a second or subsequent time has to be sentenced to at least 30 years’ imprisonment, the amended Act further states.The Stock Theft Amendment Act prescribes a prison term of not less than two years without the option of a fine for any first-time offender convicted of stealing stock valued at less than N$500.Only when a court is satisfied that there are “substantial and compelling circumstances” which justify the imposition of a lesser sentence than those prescribed, can a court impose shorter prison terms than those set by the Act, the law states.