Wrongly-jailed taxi driver sues for millions
Arrested in 2005, released in 2016
Petrus Shoovaleka is suing government for millions after he spent 10 years, five months, and 29 days behind bars before he was found not guilty on a robbery charge.
In a case in which a former taxi driver is demanding more than N$11 million from government, parties delivered closing arguments in the Windhoek High Court on Wednesday.
The matter was adjourned until 2 June 2023 for delivery of the verdict.
Petrus Shoovaleka spent 10 years, five months, and 29 days behind bars before he was found not guilty.
He was arrested in 2005 on a robbery charge, and after a three-year trial, which only started seven years after his arrest, he was found not guilty and released in July 2016.
He is currently demanding more than N$11 million from the Office of the Prosecutor General, the ministry of home affairs, immigration, safety and security, as well as the president of Namibia and the inspector general of the Namibian Police.
Closing arguments
In her closing arguments, Shoovaleka's lawyer, Unomwinjo Katjipuka-Sibolile, referred to Shoovaleka's testimony.
"The accused testified that his six-year-old girlfriend died in a car accident when she travelled to Windhoek to visit him in prison. It took seven years before he could personally share his condolences with her family.
"He also described the strangeness of his relationship with his children. When he was finally released from prison, he realised how much he had missed. He learned with a heavy heart that his son had to leave school and basically lived on the streets."
She said the time Shoovaleka spent in prison was unpleasant.
"The plaintiff testified that he had no peace of mind during his detention. He was apparently depressed and felt powerless. He described how he was repeatedly admitted to hospital because he had difficulty breathing."
Blame denied
The respondents claim in their arguments that they cannot be held accountable for Shoovaleka's more than a decade of detention.
"We argue that the circumstances of this case and the various delays in the trial were in most cases caused by the accused themselves," prosecutor general Martha Imalwa testified in a written submission.
According to the respondents, the delays were allegedly caused by Shoovaleka and his co-accused's applications for legal aid and, moreover, by the unavailability of his representatives.
Shoovaleka applied for bail on several occasions, and each application was rejected.
"If an accused fails to convince the court that he or she is eligible for bail, it cannot be argued that the PG has the obligation to change the court's decision," reads the PG's arguments.
Shoovaleka asked the court to finally give him the justice he has been due for years.
"If ever there was a case that required drastic justice, it is the current one," Katjipuka-Sibolile concluded in her written submissions submitted to the court.
Shoovaleka already filed the court claim in 2017 and will have to wait until June next year for the court's verdict.
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The matter was adjourned until 2 June 2023 for delivery of the verdict.
Petrus Shoovaleka spent 10 years, five months, and 29 days behind bars before he was found not guilty.
He was arrested in 2005 on a robbery charge, and after a three-year trial, which only started seven years after his arrest, he was found not guilty and released in July 2016.
He is currently demanding more than N$11 million from the Office of the Prosecutor General, the ministry of home affairs, immigration, safety and security, as well as the president of Namibia and the inspector general of the Namibian Police.
Closing arguments
In her closing arguments, Shoovaleka's lawyer, Unomwinjo Katjipuka-Sibolile, referred to Shoovaleka's testimony.
"The accused testified that his six-year-old girlfriend died in a car accident when she travelled to Windhoek to visit him in prison. It took seven years before he could personally share his condolences with her family.
"He also described the strangeness of his relationship with his children. When he was finally released from prison, he realised how much he had missed. He learned with a heavy heart that his son had to leave school and basically lived on the streets."
She said the time Shoovaleka spent in prison was unpleasant.
"The plaintiff testified that he had no peace of mind during his detention. He was apparently depressed and felt powerless. He described how he was repeatedly admitted to hospital because he had difficulty breathing."
Blame denied
The respondents claim in their arguments that they cannot be held accountable for Shoovaleka's more than a decade of detention.
"We argue that the circumstances of this case and the various delays in the trial were in most cases caused by the accused themselves," prosecutor general Martha Imalwa testified in a written submission.
According to the respondents, the delays were allegedly caused by Shoovaleka and his co-accused's applications for legal aid and, moreover, by the unavailability of his representatives.
Shoovaleka applied for bail on several occasions, and each application was rejected.
"If an accused fails to convince the court that he or she is eligible for bail, it cannot be argued that the PG has the obligation to change the court's decision," reads the PG's arguments.
Shoovaleka asked the court to finally give him the justice he has been due for years.
"If ever there was a case that required drastic justice, it is the current one," Katjipuka-Sibolile concluded in her written submissions submitted to the court.
Shoovaleka already filed the court claim in 2017 and will have to wait until June next year for the court's verdict.
– [email protected]
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