Florin loses Supreme Court appeal
Fight for parole unsuccessful again
Florin, who has been behind bars since 1998, completed 25 years of his sentence in December last year.
The Supreme Court on Monday dismissed the appeal application of the so-called Swakopmund ‘butcher’, Thomas Florin, in which he claimed that he should have been eligible for parole consideration after serving ten years of his prison sentence.
Florin was handed a life sentence after he was convicted of the 1998 murder of his wife, Monika Florin, who was 30 years old at the time.
After battering his wife to death, Florin, a former chef, cut up her remains, cooked parts and disposed of others and hid some of her bones in their home’s ceiling.
Judges Dave Smuts, Theo Frank and Esi Schimming-Chase ruled yesterday that a Windhoek High Court decision to dismiss Florin's application was not erroneous.
Judge Boas Usiku's ruling in April 2024 determined that Florin must serve his sentence in terms of the 2012 Prison Act, and therefore, he must serve at least 25 years of his sentence before he can be considered for parole.
“The 1959 law stipulated that prisoners sentenced to life imprisonment had to serve ten years before they could be considered for parole. The 1959 law was repealed and replaced with the 1998 law, which came into effect in August 1999,” the judgment states, adding that the date of Florin's sentencing is the date that applies to his imprisonment, 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"The 1998 law was repealed and replaced with the 2012 law, which came into effect in January 2014 and stipulates that prisoners serving life sentences must serve at least 25 years before they can be considered for parole," the judgment notes.
Multiple failures in court
Florin had argued that the 2012 law violated several of his constitutional rights. Usiku dismissed his application in the High Court, ruling that his imprisonment did not violate his constitutional rights.
In 2014, Florin, along with 26 other applicants, approached the High Court seeking early release from their life sentences. That application and his subsequent appeal were dismissed. In 2022, Florin made another attempt, which also failed, along with the High Court application submitted in January 2023.
"This court explicitly found that they [including the appellant] would only be eligible for parole after serving 25 years," the Supreme Court's judgment states.
Florin would have completed 25 years of his sentence in December last year.
Florin was sentenced to life imprisonment in December 1999 after being found guilty of, among other crimes, murder, desecration of a corpse and obstruction of justice.
He murdered his wife, Monika, in June 1998 in their house in Swakopmund after her Namibian residence permit was denied. The court heard that his wife refused to allow him to take their two children with him back to Germany.
In previous parole applications, Florin denied that he posed a risk to society if released.
Florin was handed a life sentence after he was convicted of the 1998 murder of his wife, Monika Florin, who was 30 years old at the time.
After battering his wife to death, Florin, a former chef, cut up her remains, cooked parts and disposed of others and hid some of her bones in their home’s ceiling.
Judges Dave Smuts, Theo Frank and Esi Schimming-Chase ruled yesterday that a Windhoek High Court decision to dismiss Florin's application was not erroneous.
Judge Boas Usiku's ruling in April 2024 determined that Florin must serve his sentence in terms of the 2012 Prison Act, and therefore, he must serve at least 25 years of his sentence before he can be considered for parole.
“The 1959 law stipulated that prisoners sentenced to life imprisonment had to serve ten years before they could be considered for parole. The 1959 law was repealed and replaced with the 1998 law, which came into effect in August 1999,” the judgment states, adding that the date of Florin's sentencing is the date that applies to his imprisonment, 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 with the 2012 law, which came into effect in January 2014 and stipulates that prisoners serving life sentences must serve at least 25 years before they can be considered for parole," the judgment notes.
Multiple failures in court
Florin had argued that the 2012 law violated several of his constitutional rights. Usiku dismissed his application in the High Court, ruling that his imprisonment did not violate his constitutional rights.
In 2014, Florin, along with 26 other applicants, approached the High Court seeking early release from their life sentences. That application and his subsequent appeal were dismissed. In 2022, Florin made another attempt, which also failed, along with the High Court application submitted in January 2023.
"This court explicitly found that they [including the appellant] would only be eligible for parole after serving 25 years," the Supreme Court's judgment states.
Florin would have completed 25 years of his sentence in December last year.
Florin was sentenced to life imprisonment in December 1999 after being found guilty of, among other crimes, murder, desecration of a corpse and obstruction of justice.
He murdered his wife, Monika, in June 1998 in their house in Swakopmund after her Namibian residence permit was denied. The court heard that his wife refused to allow him to take their two children with him back to Germany.
In previous parole applications, Florin denied that he posed a risk to society if released.
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