Treason trial could cost millions more

GOVERNMENT could be forced to fork out at least another N$70 million for cases related to the arrest of suspects in the Caprivi high treason trial.

At present, 116 claims for an average N$600 000 each are pending against the State for alleged human rights violations. So far the State has already paid out N$3 million in such claims.This is what the Attorney General and Minister of Justice Pendukeni Iivula-Ithana had wanted to tell the National Assembly during the motivation of a budget of N$211 million for the 2006-07 financial year on Wednesday.Before Iivula-Ithana was forced to abandon more than 20 pages of her speech after speaking for more than an hour, she did however get to tell the National Assembly that to date the treason trial had cost the State N$7 million.In her lengthy prepared speech, which she was forced to hand to MPs for their own perusal, Iivula-Ithana said although the treason trial had been well publicised in the media, the public was in the dark about the millions more the State could be made to pay in damages.In these civil cases instituted by the accused, they claim compensation for alleged unlawful arrest and detention, malicious prosecution, cruel, inhuman and degrading treatment and for constitutional damages.”I must point out that although [some of] the claims were settled without admission of liability on condition the respective plaintiffs accepted the individual payments in full and final settlement of all their claims, all those cases had merit.For instance there was documented and discernible proof of physical abuse by way of pictorial evidence and medical records,” Iivula-Ithana warned MPs.She said these claims were a real manifestation of the gravity of some of the litigation that the Legal Advice directorate faces.”The process must seem painstakingly slow and frustrating to most citizens who would wish to see justice done quickly.These alleged perpetrators of these heinous crimes are being defended at huge cost to the public after the Supreme Court ordered that they all be granted legal assistance by the Government.That much is well documented, including the numerous legal challenges they routinely bring against the State in the process of perceived enforcement of constitutional rights,” Iivula-Ithana noted.”There were as many civil actions pending as there were accused persons facing trial at one stage.However, the charges against some of the accused were withdrawn over the years, resulting in the reduction of accused on trial but not diminishing the claims against Government.”The Minister of Justice said that many of those who had withdrawn their initial charges had amended their cases to include new claims such as malicious prosecution and to increase the damages claims on the basis of extended incarceration.”Cumulatively, the amounts claimed for damages in all the claims exceed several million dollars.A handful of claims were settled out of court on a without-prejudice basis, i.e.without any admission of fault or liability to Government,” said Iivula-Ithana.Iivula-Ithana is of the view that since the majority of claims have not yet been resolved, the civil trials could drag on for many more years.Such a situation would not only increase the costs of litigation but the longer the accused are detained, the higher compensation they could demand for alleged unlawful detention.The accused have been detained for almost seven years.”It is conceivable that those who may be acquitted at the end will seek to amend their claims by increasing amounts claimed for unlawful detention and/or malicious prosecution, with the inevitable consequence that the overall figure will grow,” Iivula-Ithana noted.So far the State has already paid out N$3 million in such claims.This is what the Attorney General and Minister of Justice Pendukeni Iivula-Ithana had wanted to tell the National Assembly during the motivation of a budget of N$211 million for the 2006-07 financial year on Wednesday.Before Iivula-Ithana was forced to abandon more than 20 pages of her speech after speaking for more than an hour, she did however get to tell the National Assembly that to date the treason trial had cost the State N$7 million.In her lengthy prepared speech, which she was forced to hand to MPs for their own perusal, Iivula-Ithana said although the treason trial had been well publicised in the media, the public was in the dark about the millions more the State could be made to pay in damages.In these civil cases instituted by the accused, they claim compensation for alleged unlawful arrest and detention, malicious prosecution, cruel, inhuman and degrading treatment and for constitutional damages. “I must point out that although [some of] the claims were settled without admission of liability on condition the respective plaintiffs accepted the individual payments in full and final settlement of all their claims, all those cases had merit.For instance there was documented and discernible proof of physical abuse by way of pictorial evidence and medical records,” Iivula-Ithana warned MPs.She said these claims were a real manifestation of the gravity of some of the litigation that the Legal Advice directorate faces.”The process must seem painstakingly slow and frustrating to most citizens who would wish to see justice done quickly.These alleged perpetrators of these heinous crimes are being defended at huge cost to the public after the Supreme Court ordered that they all be granted legal assistance by the Government.That much is well documented, including the numerous legal challenges they routinely bring against the State in the process of perceived enforcement of constitutional rights,” Iivula-Ithana noted.”There were as many civil actions pending as there were accused persons facing trial at one stage.However, the charges against some of the accused were withdrawn over the years, resulting in the reduction of accused on trial but not diminishing the claims against Government.”The Minister of Justice said that many of those who had withdrawn their initial charges had amended their cases to include new claims such as malicious prosecution and to increase the damages claims on the basis of extended incarceration.”Cumulatively, the amounts claimed for damages in all the claims exceed several million dollars.A handful of claims were settled out of court on a without-prejudice basis, i.e.without any admission of fault or liability to Government,” said Iivula-Ithana.Iivula-Ithana is of the view that since the majority of claims have not yet been resolved, the civil trials could drag on for many more years.Such a situation would not only increase the costs of litigation but the longer the accused are detained, the higher compensation they could demand for alleged unlawful detention.The accused have been detained for almost seven years.”It is conceivable that those who may be acquitted at the end will seek to amend their claims by increasing amounts claimed for unlawful detention and/or malicious prosecution, with the inevitable consequence that the overall figure will grow,” Iivula-Ithana noted.