Ex-Swapo coordinator loses rape appeal
Former ministerial adviser Vincent Likoro has lost his appeal against his conviction and sentence for rape and must start serving the 10-year sentence immediately.
The former Swapo regional coordinator for Kavango, Vincent Likoro, was dealt a major blow on Friday after the High Court dismissed an appeal against his rape conviction and 10-year imprisonment.
High Court judges Dinah Usiku and Christie Liebenberg ordered the cancellation of Likoro's bail with immediate effect to allow him to start serving his 10-year sentence.
He had appealed against the sentence imposed on him by the Katima Mulilo Regional Court on 21 January 2016, arguing that there was grave misdirection by the court at the time of the judgement and sentencing by Magistrate Bongani Ndlovu.
Likoro was sentenced to 10 years in prison after he was convicted of raping a female colleague while on official duty in the Zambezi Region. Likoro was employed at the time as special advisor to the then minister of lands and resettlement, Alpheus !Naruseb.
“The court of appeal is confined to the four corners of the record. Any alleged irregularities committed by either the legal representative of the appellant or the presiding magistrate must be decided on what is apparent from the record,” Judge Liebenberg emphasised.
Likoro had alleged that, during the trial, his lawyer omitted to put his version to State witnesses when he was cross-examined. He was not satisfied with the court's evaluation and findings on facts. He also alleged he was not afforded effective legal representation due to the inexperience of his erstwhile lawyer.
“The general rule is where an accused entrusts his defence to his lawyer, he is bound by the actions of his representative. At no stage during proceedings did the appellant protest against the manner his lawyer conducted his defence,” the judge stated.
Liebenberg added that nothing on the record suggested Likoro's lawyer was not executing his instructions.
“The failure by the appellant's lawyer in his conduct of defence does not constitute an irregularity,” Liebenberg found.
The judge further explained that the provisions of the Criminal Procedure Act entitled the court to recall and re-examine any person where it believes the evidence of such person is essential.
Liebenberg stated that before a case can be reopened on the ground of an error of judgment on the part of lawyer, a very strong case must be made out.
According to him, the failure by the defence to put its version to the State witnesses in cross-examination does not constitute new evidence when the appellant testifies.
“There was in law no basis for the court to order the recalling of State witnesses to be questioned,” the judge found.
FRED GOEIEMAN
High Court judges Dinah Usiku and Christie Liebenberg ordered the cancellation of Likoro's bail with immediate effect to allow him to start serving his 10-year sentence.
He had appealed against the sentence imposed on him by the Katima Mulilo Regional Court on 21 January 2016, arguing that there was grave misdirection by the court at the time of the judgement and sentencing by Magistrate Bongani Ndlovu.
Likoro was sentenced to 10 years in prison after he was convicted of raping a female colleague while on official duty in the Zambezi Region. Likoro was employed at the time as special advisor to the then minister of lands and resettlement, Alpheus !Naruseb.
“The court of appeal is confined to the four corners of the record. Any alleged irregularities committed by either the legal representative of the appellant or the presiding magistrate must be decided on what is apparent from the record,” Judge Liebenberg emphasised.
Likoro had alleged that, during the trial, his lawyer omitted to put his version to State witnesses when he was cross-examined. He was not satisfied with the court's evaluation and findings on facts. He also alleged he was not afforded effective legal representation due to the inexperience of his erstwhile lawyer.
“The general rule is where an accused entrusts his defence to his lawyer, he is bound by the actions of his representative. At no stage during proceedings did the appellant protest against the manner his lawyer conducted his defence,” the judge stated.
Liebenberg added that nothing on the record suggested Likoro's lawyer was not executing his instructions.
“The failure by the appellant's lawyer in his conduct of defence does not constitute an irregularity,” Liebenberg found.
The judge further explained that the provisions of the Criminal Procedure Act entitled the court to recall and re-examine any person where it believes the evidence of such person is essential.
Liebenberg stated that before a case can be reopened on the ground of an error of judgment on the part of lawyer, a very strong case must be made out.
According to him, the failure by the defence to put its version to the State witnesses in cross-examination does not constitute new evidence when the appellant testifies.
“There was in law no basis for the court to order the recalling of State witnesses to be questioned,” the judge found.
FRED GOEIEMAN
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