State wants stiffer sentence imposed on Harry Simon

A NEW twist was added to the tale of Harry Simon, Namibia’s former world champion boxer, when the State applied for leave to appeal to the High Court against “the lenient sentence” passed by Walvis Bay Regional Court Magistrate Gert Retief.

Simon was found guilty of culpable homicide on August 4 in connection with a road accident that took place at the turn-off to Langstrand on November 21 2002. Three Belgian tourists were killed and four others seriously injured.In the application it is claimed that Magistrate Retief misdirected himself or erred in law and/or fact by imposing a sentence of four years’ imprisonment, of which two years were suspended conditionally.Alternatively, the application reads, the Magistrate did not adequately consider the seriousness of the offence, the deterrent and preventive functions that sentences in such circumstances should have and the interest of society.It further states that the sentence is lenient to the extent that it induces a sense of shock when regarding the circumstances and the nature of the case.After Magistrate Retief imposed the sentence, the general reaction of the public indicated that a more severe punishment had been expected, especially in view of the Magistrate’s statement that such blatant disregard for the law and safety of road users as was proven in Simon’s case, was worthy of a charge of murder.At the time, Magistrate Retief also expressed the hope that Simon’s conviction and punishment would serve as an example to other road users that negligence would not be tolerated.Immediately after the verdict was delivered, Simon’s legal representative, Slysken Makando, lodged an appeal.Makando told The Namibian yesterday that Simon’s appeal had been issued and served and was currently being processed.He said that they would also oppose any appeal from the State.Simon is out on bail pending appeal.Three Belgian tourists were killed and four others seriously injured.In the application it is claimed that Magistrate Retief misdirected himself or erred in law and/or fact by imposing a sentence of four years’ imprisonment, of which two years were suspended conditionally.Alternatively, the application reads, the Magistrate did not adequately consider the seriousness of the offence, the deterrent and preventive functions that sentences in such circumstances should have and the interest of society.It further states that the sentence is lenient to the extent that it induces a sense of shock when regarding the circumstances and the nature of the case.After Magistrate Retief imposed the sentence, the general reaction of the public indicated that a more severe punishment had been expected, especially in view of the Magistrate’s statement that such blatant disregard for the law and safety of road users as was proven in Simon’s case, was worthy of a charge of murder.At the time, Magistrate Retief also expressed the hope that Simon’s conviction and punishment would serve as an example to other road users that negligence would not be tolerated.Immediately after the verdict was delivered, Simon’s legal representative, Slysken Makando, lodged an appeal.Makando told The Namibian yesterday that Simon’s appeal had been issued and served and was currently being processed.He said that they would also oppose any appeal from the State.Simon is out on bail pending appeal.