Florin awaits decision on early-release appeal
Thomas Florin, 'The Swakopmund Butcher' who murdered his wife, dismembered and cooked her remains in 1998, appeared in court on Monday for a third attempt at early release, with a verdict set to be delivered on 15 March 2024.
In 2014, Florin, along with 26 other applicants, approached the High Court seeking early release from their life sentences. This application and a subsequent appeal were dismissed.
In 2022, Florin made another unsuccessful attempt. The current application was brought before the Windhoek High Court in January.
"The applicant's [Florin] persistent legal actions are considered an abuse of the legal process," the State said in its court documents filed on 23 October.
One more year
In his current application, Florin claimed that he is serving his sentence under the Prison Act 8 of 1959, and that he is eligible for early release under this law. This law was applicable at the time of the commission of the crimes for which he was found guilty. However, he was sentenced under the Prison Act of 1998.
According to this law, Florin can only be considered for early release after 25 years. This means he must spend one more year behind bars, as he has currently served almost 24 years of his sentence.
In December 1999, Florin was sentenced to life imprisonment after being found guilty of murder, desecration of a corpse and obstruction of justice. He is currently in detention at the Windhoek Central Prison.
Florin further claimed that there is "blatant and unjust discrimination against him" because he is a foreigner - a German citizen.
"There is no justifiable reason for such a distinction," he argued.
Legal arguments
While the State, in its court documents, pointed out that parole is only available to Namibians and individuals with permanent residency permits, non-Namibians can still be released early on probation.
"The State will argue that eligibility for parole or probation is available to foreign citizens to the same extent as Namibian citizens."
Florin argued that the alleged discrimination is contrary to Article 10 of the Namibian Constitution.
He further contended that the decision of the Namibian Correctional Service not to consider his parole application is a direct violation of Article 18 of the constitution, which requires administrative bodies to act fairly and reasonably.
"They applied the wrong legal principles to determine whether I qualify for release or not, and they made a legal mistake," he claimed.
– [email protected]
In 2014, Florin, along with 26 other applicants, approached the High Court seeking early release from their life sentences. This application and a subsequent appeal were dismissed.
In 2022, Florin made another unsuccessful attempt. The current application was brought before the Windhoek High Court in January.
"The applicant's [Florin] persistent legal actions are considered an abuse of the legal process," the State said in its court documents filed on 23 October.
One more year
In his current application, Florin claimed that he is serving his sentence under the Prison Act 8 of 1959, and that he is eligible for early release under this law. This law was applicable at the time of the commission of the crimes for which he was found guilty. However, he was sentenced under the Prison Act of 1998.
According to this law, Florin can only be considered for early release after 25 years. This means he must spend one more year behind bars, as he has currently served almost 24 years of his sentence.
In December 1999, Florin was sentenced to life imprisonment after being found guilty of murder, desecration of a corpse and obstruction of justice. He is currently in detention at the Windhoek Central Prison.
Florin further claimed that there is "blatant and unjust discrimination against him" because he is a foreigner - a German citizen.
"There is no justifiable reason for such a distinction," he argued.
Legal arguments
While the State, in its court documents, pointed out that parole is only available to Namibians and individuals with permanent residency permits, non-Namibians can still be released early on probation.
"The State will argue that eligibility for parole or probation is available to foreign citizens to the same extent as Namibian citizens."
Florin argued that the alleged discrimination is contrary to Article 10 of the Namibian Constitution.
He further contended that the decision of the Namibian Correctional Service not to consider his parole application is a direct violation of Article 18 of the constitution, which requires administrative bodies to act fairly and reasonably.
"They applied the wrong legal principles to determine whether I qualify for release or not, and they made a legal mistake," he claimed.
– [email protected]
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