Swakopmund ‘butcher’ denied early parole
The High Court on Friday dismissed an application of the so-called 'butcher of Swakopmund', Thomas Florin, in which he argued that he should have become eligible for parole after serving ten years of his lengthy prison sentence.
Florin murdered his wife in 1998, dismembered and cooked her remains and is currently serving a life sentence imposed in December 1999.
On Friday, a Windhoek High Court judge delivered a verdict determining that Florin is serving his sentence in accordance with the Prison Act of 2012 and therefore must serve at least 25 years of his sentence before being eligible for parole consideration. He will have served 25 years of his sentence by December of this year.
Technical arguments
Florin argued in his court application that he committed the crime for which he was sentenced in June 1998, when the 1959 law was in effect, and therefore he could already be eligible for parole after serving ten years of imprisonment.
The 1959 law was repealed and replaced by the 1998 law, which came into effect in August 1999, the court noted, adding that the date of Florin's sentencing is the relevant date for his imprisonment and not the date of the crime.
"The 1998 law made no provision for prisoners serving life sentences regarding parole consideration. The 1998 law was repealed and replaced by the 2012 law, which came into effect in January 2014 and stipulates that prisoners serving life sentences must serve at least 25 years before being eligible for parole consideration," the verdict concluded.
Florin further argued that the 2012 law violates several of his constitutional rights. Judge Boas Usiku dismissed Florin's application and determined that his imprisonment does not infringe upon his constitutional rights. In 2014, Florin, along with 26 other applicants, approached the High Court seeking early release from their life sentences. This application and its subsequent appeal were dismissed. In 2022, Florin made another attempt, which also failed. The current application was filed in January of last year.
Florin murdered his wife in 1998, dismembered and cooked her remains and is currently serving a life sentence imposed in December 1999.
On Friday, a Windhoek High Court judge delivered a verdict determining that Florin is serving his sentence in accordance with the Prison Act of 2012 and therefore must serve at least 25 years of his sentence before being eligible for parole consideration. He will have served 25 years of his sentence by December of this year.
Technical arguments
Florin argued in his court application that he committed the crime for which he was sentenced in June 1998, when the 1959 law was in effect, and therefore he could already be eligible for parole after serving ten years of imprisonment.
The 1959 law was repealed and replaced by the 1998 law, which came into effect in August 1999, the court noted, adding that the date of Florin's sentencing is the relevant date for his imprisonment and not the date of the crime.
"The 1998 law made no provision for prisoners serving life sentences regarding parole consideration. The 1998 law was repealed and replaced by the 2012 law, which came into effect in January 2014 and stipulates that prisoners serving life sentences must serve at least 25 years before being eligible for parole consideration," the verdict concluded.
Florin further argued that the 2012 law violates several of his constitutional rights. Judge Boas Usiku dismissed Florin's application and determined that his imprisonment does not infringe upon his constitutional rights. In 2014, Florin, along with 26 other applicants, approached the High Court seeking early release from their life sentences. This application and its subsequent appeal were dismissed. In 2022, Florin made another attempt, which also failed. The current application was filed in January of last year.
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