State appeals voter fraud acquittal
The State has appealed against the acquittal of former director of the Electoral Commission of Namibia (ECN) Philemon Kanime and two others who were charged with voter registration fraud during 2008.
In January 2014, the Katutura Regional Court acquitted Kanime, Rally for Democracy and Progress member Magnus Nangombe and ECN employee Nicodemus Mingelius on charges of fraud pertaining to the first local authority election for Omuthiya in the Oshikoto Region.
State advocate Ed Marondedze argued that it was inconceivable how the court decided to discharge them when the weight of evidence pointed towards their involvement. Nangombe and Mingelius were also acquitted of forgery, or alternatively contravention of provisions of Electoral Act of 1992, as well as a count of uttering a forged document, read with the provisions of the Electoral Act.
The State had alleged that Nangombe had failed to register as a voter in February 2008 during the gazetted period. Nangombe, allegedly with the assistance of Mingelius, subsequently registered as a voter after the dates of registration had elapsed.
He allegedly forged a registration form number 2004305280 to appear as if he had been registered by a certain Ester Nangombe, who was an accredited voter registration officer for the Omuthiya local authority elections.
Marondedze maintained that there was evidence upon which a reasonable court could found the respondents guilty as the Regional Court never discredited State witnesses and added that the court in fact agreed with some aspects of the evidence led by the State.
According to him, the court agreed that the handwriting and signature of Ester Nangombe had been forged and that the thumbprint on the forged document belonged to Magnus Nangombe.
“It therefore appears the court did not consider the credibility of witnesses to arrive at the verdict of not guilty as charged,” he said.
He argued that the court used its discretion to come to the conclusion that there was no evidence on record that either Nangombe or Mingelius had forged the form used for the application to register as a voter.
The court is said to have used its discretion that there was no evidence that all three respondents were aware that the form used for the application to register as voter was not a proper one.
“I submit the learned magistrate failed to apply its mind to the elements of the offences, the facts of the case and the evidence led by state to determine whether it had established a prima facie case against the respondents,” Marondedze argued.
He submitted that the High Court can interfere with the decision of the Regional Court magistrate to discharge the respondents.
The case will be heard in the High Court in the coming days.
Advocate Albert Strydom is representing the three respondents.
FRED GOEIEMAN
In January 2014, the Katutura Regional Court acquitted Kanime, Rally for Democracy and Progress member Magnus Nangombe and ECN employee Nicodemus Mingelius on charges of fraud pertaining to the first local authority election for Omuthiya in the Oshikoto Region.
State advocate Ed Marondedze argued that it was inconceivable how the court decided to discharge them when the weight of evidence pointed towards their involvement. Nangombe and Mingelius were also acquitted of forgery, or alternatively contravention of provisions of Electoral Act of 1992, as well as a count of uttering a forged document, read with the provisions of the Electoral Act.
The State had alleged that Nangombe had failed to register as a voter in February 2008 during the gazetted period. Nangombe, allegedly with the assistance of Mingelius, subsequently registered as a voter after the dates of registration had elapsed.
He allegedly forged a registration form number 2004305280 to appear as if he had been registered by a certain Ester Nangombe, who was an accredited voter registration officer for the Omuthiya local authority elections.
Marondedze maintained that there was evidence upon which a reasonable court could found the respondents guilty as the Regional Court never discredited State witnesses and added that the court in fact agreed with some aspects of the evidence led by the State.
According to him, the court agreed that the handwriting and signature of Ester Nangombe had been forged and that the thumbprint on the forged document belonged to Magnus Nangombe.
“It therefore appears the court did not consider the credibility of witnesses to arrive at the verdict of not guilty as charged,” he said.
He argued that the court used its discretion to come to the conclusion that there was no evidence on record that either Nangombe or Mingelius had forged the form used for the application to register as a voter.
The court is said to have used its discretion that there was no evidence that all three respondents were aware that the form used for the application to register as voter was not a proper one.
“I submit the learned magistrate failed to apply its mind to the elements of the offences, the facts of the case and the evidence led by state to determine whether it had established a prima facie case against the respondents,” Marondedze argued.
He submitted that the High Court can interfere with the decision of the Regional Court magistrate to discharge the respondents.
The case will be heard in the High Court in the coming days.
Advocate Albert Strydom is representing the three respondents.
FRED GOEIEMAN
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