Drug dealer worried about his car
An inmate serving three years for dealing in drugs and in liquor without a license has lodged an urgent application against the auctioning of his car which was ordered by the magistrate's Court to be forfeited to the State.
Josef Isaack currently serving his sentence at the Hardap Correctional Facility wants the High Court in Windhoek to grant him access to inspect his car to ascertain whether it is safely stored and that it will not lose its value to unsafe storage conditions.
Magistrate Mwilima Mwilima on 13 September 2016 ordered the motor vehicle, a Nissan Tiida with registration number N 631 MA, forfeited to the State until the appeals process is fully exhausted.
Isaack is appealing against the order on grounds that the magistrate erred in both facts and law when he made the forfeiture order.
“I am afraid that the State will auction my car without waiting for the outcome of the appeal,” he emphasised in his court documents.
He further said the motor vehicle is in fact still bonded on his grandmother's name who loaned him the money to purchase it.
Isaack urged the court to grant him an order restraining the State from auctioning off the car pending the outcome of the appeal.
Isaack, together with Tjilip Boois, Adam Swartbooi and Salmon Richter, was found guilty on the counts of dealing in drugs and dealing in liquor without license. They were sentenced on 13 September 2016 to three years' imprisonment for the drug charge and a N$4 000 fine was imposed for the illegal liquor sales. In default of payment one year imprisonment was ordered.
Prosecutor-General Martha Imalwa is opposing the appeal and argued in papers there is no criminal appeal since the appellant failed to attach his founding sworn statement to the notice.
She further states that Isaack does not explicitly state the circumstances which render the appeal urgent.
“The application is simply an abuse of the court's process and should not be granted,” she argued.
Imalwa stated that she was advised by Hermanus Fleermuys, the clerk of court at the Maltahöhe Magistrate's Court, that no appeal was lodged in relation to the case.
“The absence of this appeal is evident from the applicant's failure to attach proof of any appeal,” Imalwa emphasised.
FRED GOEIEMAN
Josef Isaack currently serving his sentence at the Hardap Correctional Facility wants the High Court in Windhoek to grant him access to inspect his car to ascertain whether it is safely stored and that it will not lose its value to unsafe storage conditions.
Magistrate Mwilima Mwilima on 13 September 2016 ordered the motor vehicle, a Nissan Tiida with registration number N 631 MA, forfeited to the State until the appeals process is fully exhausted.
Isaack is appealing against the order on grounds that the magistrate erred in both facts and law when he made the forfeiture order.
“I am afraid that the State will auction my car without waiting for the outcome of the appeal,” he emphasised in his court documents.
He further said the motor vehicle is in fact still bonded on his grandmother's name who loaned him the money to purchase it.
Isaack urged the court to grant him an order restraining the State from auctioning off the car pending the outcome of the appeal.
Isaack, together with Tjilip Boois, Adam Swartbooi and Salmon Richter, was found guilty on the counts of dealing in drugs and dealing in liquor without license. They were sentenced on 13 September 2016 to three years' imprisonment for the drug charge and a N$4 000 fine was imposed for the illegal liquor sales. In default of payment one year imprisonment was ordered.
Prosecutor-General Martha Imalwa is opposing the appeal and argued in papers there is no criminal appeal since the appellant failed to attach his founding sworn statement to the notice.
She further states that Isaack does not explicitly state the circumstances which render the appeal urgent.
“The application is simply an abuse of the court's process and should not be granted,” she argued.
Imalwa stated that she was advised by Hermanus Fleermuys, the clerk of court at the Maltahöhe Magistrate's Court, that no appeal was lodged in relation to the case.
“The absence of this appeal is evident from the applicant's failure to attach proof of any appeal,” Imalwa emphasised.
FRED GOEIEMAN
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