Acquitted man to sue state
A 31-year-old man from Oshakati who was released this month from the Tsumeb prison after he was acquitted in a 2016 robbery case, is planning to sue government for unlawfully detaining him for over two years.
Sharing his ordeal with Namibian Sun, Joseph Haitembu expressed his disappointment towards the Namibian justice system which he says kept him in custody for a crime he did not commit. He added that the toll of his incarceration was high.
Haitembu, a father of five, says he is yet to determine the amount he wants from the state for what he described as defaming his character, the loss of his business, and his emotional and physical suffering while in custody.
“I have five children and one of them was not born yet at the time of my arrest. I could not support my children because I lost my income. I suffered a lot in custody which is unfair to me. That is why I want to sue the government for robbing me of my life for two years and few months,” he said.
Haitembu, who was acquitted on 5 September, argues that no human being deserves to be treated the way he was treated. He said he blamed the police officers who failed to see from the outset that he could not be linked to the robbery.
Haitembu and two other suspects were arrested on 3 June 2016 in Oshakati by the Namibian police for a robbery that had taken place three days earlier in Tsumeb.
Some of the items that were stolen included mobile phones which were traced by the police and found in the possession of women who were dating the two other accused at the time.
Haitembu said that he was arrested because one of the women mentioned his name in her statement, saying that he was allegedly present when the phone was given to her.
He tried all avenues to pursue his release.
Whilst in custody, Haitembu, in a letter dated 25 April 2017, which he wrote to the prosecutor-general, Martha Imalwa, he expressed his grievances calling on her office to intervene, stressing that there is no direct link between him and the robbery.
“I would love to submit to your attention that the state is keeping me in custody as a form of anticipatory punishment. I do not have a problem being aligned with any offence whereby the state has a prima-facie evidence against me. But these types of mistakes should be avoided by your office and people who are found committing law mockery should face disciplinary action (sic),” the letter reads.
The office of the prosecutor-general responded to his letter on 16 May 2017 informing him that the matter had been sent to the office of the deputy prosecutor-general at the Oshakati High Court for consideration because the Tsumeb court falls under their jurisdiction. That office in turn, on 29 May, informed him the matter was investigated.
“Please be informed that this office investigated your complaint and found it to be unfounded. This office sees your complaint file as closed,” the letter reads.
Haitembu continued to seek assistance last year and turned to the ombudsman where he also received no relief.
He was eventually acquitted of all charges earlier this month.
KENYA KAMBOWE
Sharing his ordeal with Namibian Sun, Joseph Haitembu expressed his disappointment towards the Namibian justice system which he says kept him in custody for a crime he did not commit. He added that the toll of his incarceration was high.
Haitembu, a father of five, says he is yet to determine the amount he wants from the state for what he described as defaming his character, the loss of his business, and his emotional and physical suffering while in custody.
“I have five children and one of them was not born yet at the time of my arrest. I could not support my children because I lost my income. I suffered a lot in custody which is unfair to me. That is why I want to sue the government for robbing me of my life for two years and few months,” he said.
Haitembu, who was acquitted on 5 September, argues that no human being deserves to be treated the way he was treated. He said he blamed the police officers who failed to see from the outset that he could not be linked to the robbery.
Haitembu and two other suspects were arrested on 3 June 2016 in Oshakati by the Namibian police for a robbery that had taken place three days earlier in Tsumeb.
Some of the items that were stolen included mobile phones which were traced by the police and found in the possession of women who were dating the two other accused at the time.
Haitembu said that he was arrested because one of the women mentioned his name in her statement, saying that he was allegedly present when the phone was given to her.
He tried all avenues to pursue his release.
Whilst in custody, Haitembu, in a letter dated 25 April 2017, which he wrote to the prosecutor-general, Martha Imalwa, he expressed his grievances calling on her office to intervene, stressing that there is no direct link between him and the robbery.
“I would love to submit to your attention that the state is keeping me in custody as a form of anticipatory punishment. I do not have a problem being aligned with any offence whereby the state has a prima-facie evidence against me. But these types of mistakes should be avoided by your office and people who are found committing law mockery should face disciplinary action (sic),” the letter reads.
The office of the prosecutor-general responded to his letter on 16 May 2017 informing him that the matter had been sent to the office of the deputy prosecutor-general at the Oshakati High Court for consideration because the Tsumeb court falls under their jurisdiction. That office in turn, on 29 May, informed him the matter was investigated.
“Please be informed that this office investigated your complaint and found it to be unfounded. This office sees your complaint file as closed,” the letter reads.
Haitembu continued to seek assistance last year and turned to the ombudsman where he also received no relief.
He was eventually acquitted of all charges earlier this month.
KENYA KAMBOWE
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