Prisoner hid 'powdered milk' in his rectum

22 May 2019 | Justice

A Windhoek prisoner is suing the ministry of safety and security and a police officer for N$250 000 in damages on the basis that he was unfairly arrested after prison-issued powdered milk was mistaken for cocaine.

Bernardus Khariseb's lawsuit is based on a claim that he was unlawfully arrested without a warrant at the Windhoek prison on 4 February 2018. He was charged with possession of cocaine despite his explanations that the substance was powdered milk issued to him earlier that day to put in tea or coffee.

Khariseb (39) further argues there was no reason to suspect him of being in possession of contraband.

Khariseb said the drugs charge was withdrawn on 23 May after a forensic analysis found that the sample in his possession was “not cocaine”.

He claims his arrest was “wrongful, unlawful and not justifiable under the circumstances”.

The two defendants in the case, including a “Sergeant Geiriseb”, denied that an unlawful and unjust arrest took place.

In a plea filed earlier this year, they stated that Khariseb had been caught with contraband hidden in his rectum.

They did not dispute that the case was withdrawn due to lack of evidence in May 2018.

They stated that Khariseb had acted suspiciously during a routine body search conducted by correctional service officers following his return from a court appearance in February.

A subsequent X-ray detected “two bullet-like objects concealed and stuck in his rectum”.

They said Khariseb was put in “isolated detention” for two or three days so that prison officials could closely monitor him and recover the objects.

They noted that “bullet-shaped plastic wrapped objects” are a common way of smuggling contraband into prisons and that in this case, the packets were marked with an inscription in blue ink that read 'cocaine'.

They further claimed that Khariseb had admitted the substance found in his body was cocaine.

“Nothing was done arbitrarily, irrationally or in bad faith,” they stated in the plea.

Further, they denied that the second defendant, “Sergeant Geiriseb” had conducted the body search. In fact, Khariseb was arrested by another constable from the drug law enforcement unit days after the initial search.

On 16 May High Court Judge Hannelie Prinsloo ordered the parties to attend mediation proceedings on 26 June.

Mkhululi Khupe is appearing on behalf of the State and the second defendant, while Khariseb is represented by Gert Appolus.

JANA-MARI SMITH

Similar News

 

Man gets life for killing retired teacher

18 hours ago | Justice

Keetmanshoop resident Jan Benedictus Fredericks, 29, has been jailed for life for the murder of a retired teacher at the town.He was sentenced on Tuesday...

Pastor faces kidnapping, rape charges

2 days ago - 19 November 2019 | Justice

Marvin Damaseb (39), a pastor with Holy Ghost Fire Ministries in Walvis Bay, appeared before the local magistrate's court on a charge of kidnapping yesterday...

Stiffer sentence for abuser

3 days ago - 18 November 2019 | Justice

A seven-year sentence for the indecent assault of a nine-year-old girl by her uncle was increased to 20 years last week, following a Supreme Court...

Bizarre scenes as massacre suspect appears

1 week ago - 08 November 2019 | Justice

Sem Nauyoma Petrus (26), accused of hacking three members of his family to death with a panga on Tuesday morning, appeared before Magistrate Ilge Rheent...

Sentences slashed, convictions overturned

2 weeks ago - 07 November 2019 | Justice

At least seven people who pleaded guilty to crimes involving drugs, assault and theft recently had their convictions and sentences either tossed out or dramatically...

Schiefer appeals again

2 weeks ago - 05 November 2019 | Justice

A second appeal by Romeo Schiefer, who was sentenced to an effective 48 years in prison for the murder of his parents in October 2008,...

Govt in settlement talks over defective passport

2 weeks ago - 01 November 2019 | Justice

A father is in settlement negotiations with home affairs officials after suing the ministry for N$276 000 after a terrifying ordeal in which his 18-year-old...

Shanghala back in Kora frying pan

3 weeks ago - 29 October 2019 | Justice

ELLANIE SMIT Former attorney-general Sacky Shanghala has emerged at the centre of the removal of conditions in the...

Wasn't me – Shanghala on Kora

3 weeks ago - 28 October 2019 | Justice

Justice minister Sacky Shanghala says he was not responsible for the Kora money going missing, adding that there are deliberate political machinations at play to...

Inmate sues for N$6m over exams

3 weeks ago - 28 October 2019 | Justice

A Namibian prisoner is suing correctional services and education authorities for N$6 million, claiming he was denied the fundamental human right to education and became...

Latest News

Tax breaks needed to save...

18 hours ago | Business

Namdeb says it is in discussions with government to look at a possible tax break as it plans to mine beyond 2023, which is the...

The propaganda war

18 hours ago | Columns

Some of those writing the long and winding tales of western imperialism, laced with former apartheid president PW Botha and an array of other characters...

Quick response to blackout

18 hours ago | Energy

ELVIRA HATTINGH NamPower yesterday said it had contingency measures in place to prevent a reoccurrence of Tuesday night’s power failure in most...

Venaani rebukes 'misbehaving' Magufuli

18 hours ago | Politics

The Popular Democratic Movement (PDM) is yet to receive a response from SADC chair John Magufuli, who was urged to intervene in the use of...

Nampa staff plan salary strike

18 hours ago | Government

Namibia Press Agency (Nampa) staff members have threatened to go on strike if their demands for a salary increase are not met. A staff...

Election 2019: LGBTQ and human...

18 hours ago | Politics

All People's Party (APP)•Introduce laws to combat hate crimes against people based on their race, gender, religion, disability, sexual orientation or albinism.•Finalise proposed legislation to...

Worker dies in truck tragedy

18 hours ago | Accidents

A 28-year-old charcoal worker died instantly Tuesday morning after he fell off a moving truck, which allegedly then drove over him.Otjozondjupa police spokesperson Inspector Maureen...

Cycling community shattered

18 hours ago | Accidents

Paul Kambata (41) appeared in the Windhoek Magistrate's Court on Tuesday after he was arrested on Monday night in connection with the fatal hit-and-run accident...

Man gets life for killing...

18 hours ago | Justice

Keetmanshoop resident Jan Benedictus Fredericks, 29, has been jailed for life for the murder of a retired teacher at the town.He was sentenced on Tuesday...

Load More