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Consequences for Prosecutors lying in court- PG Imalwa

Consequences for Prosecutors lying in court- PG Imalwa

Eba Kandovazu and Marthina Mutanga

THE Prosecutor General, Martha Imalwa, today said that a number of Prosecutors in Windhoek will be charged for making false representations in court about sending dockets to the PGs office for a decision in criminal cases.


At this stage, she says, it is unclear whether or not they will be charged criminally or face disciplinary hearings.


This, she says, comes after the completion and outcome of an internal investigation at Windhoek courts that started earlier this year.


The investigation has, however, been hampered by the COVID-19 outbreak.


Prosecutor General Martha Imalwa Prosecutors Windhoek false representations court
Pictured: Prosecutor General, Martha Imalwa. Photo: File


Imalwa was responding to queries on a case involving a child who was reportedly raped and impregnated by her father.


The man, who is currently being tried in the High Court, reportedly forced his daughter to abort the pregnancy when she accompanied him to trips he took to Angola between 2010 and 2011.


The rapes, according to the state, also occurred during those trips and once at a trip in Swakopmund.


It has been reported that the man was released on N$25 000 bail in 2014.


His matter was then struck from the court roll and provisionally withdrawn in 2015 due to a lack of a decision from the Prosecutor General on the nature of charges and whether or not he would be tried in the High Court.


Imalwa, however, denies that the matter was withdrawn because there was no decision from her office.


According to her, the Prosecutors dealing with the case at the lower court lied about sending the docket to her office and that there was no delay on her part.


“The docket was found in the Prosecutor’s office. He told pure lies in court,” Imalwa said.


While out of jail, the state is charging that the suspect was involved in an armed robbery, to which he was sentenced to 15 years in jail.


Five of these years were suspended on condition that he is not convicted of similar charges for a period of five years.


“We take note that a lot of cases, especially in Windhoek, get withdrawn. Investigations are currently underway to determine the cause of this. Some Prosecutors are lying to courts about sending dockets to my office when in actual fact, dockets are not forwarded. I do not, however, believe that Prosecutors do this because they foresee cases being withdrawn and suspects released but because investigations have not been completed yet. Forensics also takes long. We have different stakeholders involved, such as social workers and they too play a role in finalising investigations,” Imalwa explained.


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