Rapist sues prison authorities

A man who served a lengthy prison term for rape and assault claims that he was kept in jail for two years too long.

16 October 2019 | Justice

A convicted rapist is suing prison authorities and the judiciary for N$1 million for failing to release him after his 10-year prison term ended in 2014 and instead keeping him behind bars for a further 722 days before he regained his freedom.

Sebedeus Hoseb says his 10-year-prison sentence expired on 18 June 2014, but that he was only released two years later, on 10 June 2016.

He argues that the lengthy hold-up before his release, due to bungled paperwork and failure of authorities to communicate a five-year reduction of his original prison sentence, was a grave violation of his constitutional rights.

Hoseb was originally sentenced to 15 years behind bars in 2004 after he was found guilty on a charge of rape which he had committed as an 18-year-old school pupil.

During the same year he was also found guilty of assault with intent to cause grievous bodily harm, and sentenced to four years, as well as an additional two years, or a N$2 000 fine, for escaping from custody.

During a successful appeal against the rape sentence a year later, in which his prison term was reduced by five years, the court found that the circumstances under which Hoseb had committed the rape did not require “the imposition of a more severe sentence than the minimum 10 years' imprisonment.” Further, that the rape survivor's claim that he had used a knife to threaten her was not supported by clear evidence on whether it was a “pocketknife or whether it was a piece of cutlery lying on a cupboard somewhere inside the room.” The court also underlined that the State did not provide sufficient evidence of “any significant degree of psychological trauma” suffered by the rape survivor, and that the rape was not “planned and that the degree of violence used was not significant.”



Stay

Hoseb's particulars of claim state that although the appeal judgment was delivered in June 2005, relevant staff at the judiciary were negligent and failed to convey, within a reasonable period of time, the reduced sentence to prison authorities. Moreover, they failed to issue an amended warrant of committal to prison authorities until 10 June 2016, after which he was released.

The judiciary, in a plea filed at court, admit that the issuing of the amended warrant of detention, dated June 2016, was only done after it “came to light that the result of [Hoseb's] rape appeal success had not been communicated to the Namibian Correction Services.”

They admit further that the “administrative omissions” Hoseb accuses authorities of “may very well be attributed to negligent acts” but Hoseb has to provide proof of this.

They further argue that Hoseb's continued incarceration was not due to administrative omissions but that he “continued to be detained because he was still lawfully servicing his other custodial sentence.” They argue he was “not entitled to be released from custody upon the success of his appeal on the rape sentence as he still had an outstanding period of imprisonment to serve from his other effective custodial sentences.”

His 2016 release “was on account of his earning remission of sentence on his total effective sentence.”

They argue that Hoseb eventually had three warrants of committal authorising his detention for a “total period of 21 years whilst he served the custodial sentences” and that by June 2012, the effective prison term he faced stood at a total of 19 years, which mean his earliest possible release date was 29 April 2023.

Yesterday, the case was postponed to 18 November for a case management conference hearing. Norman Tjombe appeared on behalf of Hoeseb, and government attorney Aina Ndungula on behalf of the defendants.



JANA-MARI SMITH

Similar News

 

Bizarre scenes as massacre suspect appears

6 days 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

1 week 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

1 week 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

1 week 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

2 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

2 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

2 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...

Cash-strapped health defies N$730k court order

2 weeks ago - 25 October 2019 | Justice

The health ministry has blamed a lack of money for failing to comply with a court order to pay a grieving widower N$730 000 by...

JSC probes Kora saga

3 weeks ago - 24 October 2019 | Justice

Chief Justice Peter Shivute has confirmed that the Judicial Services Commission (JSC) is trying to establish why the Kora Awards court case was recently marked...

Life for plotting husband's murder

3 weeks ago - 23 October 2019 | Justice

Rachel Rittmann (49), who arranged the murder of her husband Rudolph Rittmann (34) for financial gain and freedom to continue a love affair, was sentenced...

Latest News

A fish rots from the...

16 hours ago | Columns

“A lie can travel half way around the world while the truth is putting on its shoes,” Mark Twain once said.In the end, truth will...

Namcor ready to run fuel...

16 hours ago | Business

The Petroleum Corporation of Namibia (Namcor) expects to take delivery of the strategic fuel storage facility next month, a company official has told Namibian Sun....

How the 'sharks' were netted

16 hours ago | Fishing

An international scandal has erupted with an exposé of more than 30 000 documents released by WikiLeaks which show that an Icelandic fishing company, SAMHERJI,...

NSFAF explains payment woes

16 hours ago | Education

The Namibia Student Financial Assistance Fund (NSFAF) has blamed the delayed payment of non-tuition fees to students on the unavailability of funds and its internal...

Hospital ­denies Itula ­allegation

16 hours ago | Health

The regional directorate of health for Ohangwena has denied an allegation by independent presidential candidate Panduleni Itula that a patient at Eenhana district hospital had...

Devil's claw under threat

16 hours ago | Environment

The increase in illegal grazing in the Nyae Nyae Conservancy and Community Forest, as well as illegal fences in the N#a Jaqna Conservancy and Community...

More dark days ahead

16 hours ago | Sports

The Fifa normalisation committee says it still has to consult its lawyers before making a decision on the way forward for the Namibia Premier League...

Mining tourney hailed as a...

16 hours ago | Sports

A three-day tournament that featured different mining employees from across the country, which took place at Otjiwarongo from Friday to Sunday, has been described as...

They have to go, says...

1 day - 13 November 2019 | Crime

Staff ReporterHighly placed sources indicated this morning that President Hage Geingob is planning to jettison justice minister Sacky Shanghala and fisheries minister Bernhardt Esau from...

Load More