Inmate’s second lawsuit fails
• N$450 000 application dismissed
Haufiku claimed a fellow inmate stabbed him with a wire in the lower back during a fight on 13 July 2021, and argued that the NCS failed to provide him with medical treatment.
An inmate at the Hardap Correctional Facility in Mariental, who received N$50 000 last year after a correctional services official assaulted him, was recently unsuccessful in an attempt to sue for another N$450 000.
In December 2022, the ministry of home affairs, immigration, safety and security paid N$50 000 to convicted criminal Kristof Haufiku after he filed a case at the High Court in Windhoek.
Haufiku argued that he sustained serious injuries after a Namibian Correctional Service (NCS) official hit his left leg with a prison cell door on 12 January 2021.
The court found that there was sufficient evidence that Haufiku's injuries - an open wound and swelling to his leg - corresponded to the attack he described.
Second case fails
In January 2022, Haufiku filed another application at the High Court in which he demanded N$450 000 because he was allegedly seriously injured during a group fight. He argued that the NCS staff had a responsibility to protect him.
The application was rejected by Judge Collins Parker last Wednesday - even before the ministry could start with its defence.
Haufiku claimed a fellow inmate stabbed him with a wire in the lower back during a fight on 13 July 2021, and argued that the NCS failed to provide him with medical treatment.
Haufiku took to the witness stand and after his testimony, they closed their case without calling any further witnesses.
The public prosecutor then brought an application for absolution from the instance. This application is brought when a party claims that the other party has not produced sufficient evidence to support their allegations. Parker granted this application.
Ruling
Haufiku argued that three other inmates and two NCS officers witnessed the incident, but Parker pointed out in his ruling that these alleged eyewitnesses were not called to testify.
Parker further pointed out that the court had not received any evidence of the alleged serious injury that Haufiku claimed to have suffered.
"During cross-examination, the plaintiff [Haufiku] admitted that there is no such medical evidence."
Although Haufiku testified that he underwent a medical examination, no health passport or other medical documents were submitted as evidence.
"In the absence of a credible medical report and medical evidence, the court is unable to judicially determine a claim of bodily injury," the judge's ruling read.
Haufiku also testified that he could not have X-rays taken because he allegedly could not afford them.
"That can't possibly be true, because he was taken to a state hospital," Parker said.
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In December 2022, the ministry of home affairs, immigration, safety and security paid N$50 000 to convicted criminal Kristof Haufiku after he filed a case at the High Court in Windhoek.
Haufiku argued that he sustained serious injuries after a Namibian Correctional Service (NCS) official hit his left leg with a prison cell door on 12 January 2021.
The court found that there was sufficient evidence that Haufiku's injuries - an open wound and swelling to his leg - corresponded to the attack he described.
Second case fails
In January 2022, Haufiku filed another application at the High Court in which he demanded N$450 000 because he was allegedly seriously injured during a group fight. He argued that the NCS staff had a responsibility to protect him.
The application was rejected by Judge Collins Parker last Wednesday - even before the ministry could start with its defence.
Haufiku claimed a fellow inmate stabbed him with a wire in the lower back during a fight on 13 July 2021, and argued that the NCS failed to provide him with medical treatment.
Haufiku took to the witness stand and after his testimony, they closed their case without calling any further witnesses.
The public prosecutor then brought an application for absolution from the instance. This application is brought when a party claims that the other party has not produced sufficient evidence to support their allegations. Parker granted this application.
Ruling
Haufiku argued that three other inmates and two NCS officers witnessed the incident, but Parker pointed out in his ruling that these alleged eyewitnesses were not called to testify.
Parker further pointed out that the court had not received any evidence of the alleged serious injury that Haufiku claimed to have suffered.
"During cross-examination, the plaintiff [Haufiku] admitted that there is no such medical evidence."
Although Haufiku testified that he underwent a medical examination, no health passport or other medical documents were submitted as evidence.
"In the absence of a credible medical report and medical evidence, the court is unable to judicially determine a claim of bodily injury," the judge's ruling read.
Haufiku also testified that he could not have X-rays taken because he allegedly could not afford them.
"That can't possibly be true, because he was taken to a state hospital," Parker said.
–[email protected]
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