Language barrier cited in bribery case

A Chinese citizen accused of trying to bribe a traffic officer near Otjiwarongo three years ago has pleaded not guilty to all charges against him, claiming he had misunderstood the process of paying fines.

Windhoek-based Chinese citizen Lin Jindan (49) told the Otjiwarongo Magistrate's Court on the first day of his trial that the bribery charges stemmed from a misunderstanding due to a language barrier, and that he thought he was being asked to pay the fine on the spot.

Jindan is facing one count of corruptly giving gratification to an agent as inducement and an alternative count of attempting to defeat or obstruct the course of justice.

The charges date back to 21 March 2014, when Jindan was arrested by Otjiwarongo municipal traffic officer Elwin Skakana for reckless driving, including failing to stop at a four-way stop and overtaking on a barrier line on an uphill bridge just outside Otjiwarongo.

He then allegedly attempted to bribe Skakana with N$200 after he was stopped at the police roadblock between Otjiwarongo and Otavi.

The alleged bribery attempt took place in a makeshift office at the roadblock, where Skakana had taken the accused to issue the fine.

Skakana yesterday testified that he had been preparing to write the ticket when Jindan started pleading with him to drop the fine in exchange for money.

He claimed that Jindan then handed over the N$200 note, after which he took it and immediately opened the door to the office to show his colleagues outside the proof of the attempted bribery.

He then turned around and informed Jindan he was under arrest for bribery. Skakana alleged that Jindan started apologising immediately and said he had not intended to bribe the officers. Jindan's lawyer, Mariaan Dreyer, argued that this exchange proved that Jindan had offered the money because he was under the impression that he had to pay the fine immediately.

She said when Jindan realised that the traffic officer believed he had tried to bribe him he immediately tried to explain that it was a misunderstanding.

She said Jindan had called a friend after he had been stopped to ask for money to help pay the fine.

Skakana confirmed yesterday that Jindan had made a call to a friend, but said they had spoken Chinese and he could not confirm what had been said.

Dreyer grilled Skakana, asking whether he had explained the procedure of how to pay fines to Jindan and whether he was aware that Jindan was not fluent in English.

“The process was not explained to the accused. He was of the opinion that the fine had to be paid in the [roadblock] office,” she put it to Skakana.

Skakana said he did not get a chance to explain the process to Jindan, because Jindan had given him the money before he could write the ticket and explain what steps had be taken next.

Dreyer said her client's English was poor and that should have been taken into account throughout the exchange with the police.

Skakana confirmed to Dreyer that Jindan had said several times, “Sorry, I don't bribe”, after Skakana had called his colleagues and told Jindan he would be arrested.

Skakana told the court that when Jindan was informed he would be arrested he grabbed the N$200 note from the officer's hand. “The accused and I then ended up in a kind of wrestling,” he said, as he tried to retrieve the N$200 as proof.

He finally pushed Jindan against a wall and wrested the money from him.

Skakana admitted to Dreyer that he had conducted all exchanges in English and that he knew Jindan was not fluent in English. He added, however, that he had asked Jindan several times whether he understood what was being said to him, and that Jindan had responded in the affirmative. “His response was that he understood. Mostly with 'yes' and okay' answers,” Skakana said.

Jindan was taken to the Otjiwarongo police station and charged. He was also fined N$2 500 for two traffic violations.

He was granted N$5 000 bail on 24 March 2014.

Magistrate Toini Shilongo postponed the trial to 30 May.

Public prosecutor Colleen Yisa appeared for the State.



JANA-MARI SMITH