Staff Reporter
FORMER intern doctor, Dennis Noa (30), has filed a complaint against regional magistrate, Victor Nyazo, who found him guilty of raping an 18-year-old patient at Katutura Intermediate Hospital in Windhoek on 11 April 2021.
He has, however, since appealed the matter and was found not guilty of the rape by High Court judge, Philanda Christiaan, who said that there had been no forensic evidence to find Noa guilty in the case.
Noa has since written a letter to the office of the Ombudsman, Judicial Service Commission, and Magistrates Commission of Namibia.
“The criminal case against me was adjudicated by Magistrate Victor Nyazo, who convicted and sentenced me in a manner that I contend was irregular and unjust. I was wrongfully convicted of rape under the Combating of Rape Act 8 of 2000 and sentenced to 8 years’ imprisonment. The High Court overturned this conviction, citing material irregularities in the magistrate’s judgment. The High Court’s judgment identified critical errors in the magistrate’s reasoning, including misapplication of circumstantial evidence and failure to consider exculpatory forensic evidence,” Noa said.
He added that the magistrate erroneously convicted him despite the State’s failure to link him to the unused condom or paper towel found at the scene, adding that the State also failed to lift fingerprints from the condom or obtain DNA samples.
Noa further said that the magistrate failed to properly assess the circumstantial evidence and did not follow established legal principles regarding the burden of proof and mutually destructive versions as highlighted in the High Court judgement.
“The magistrate failed to insist on and/or lead the presentation of critical forensic evidence, including DNA results, which would have been material in either proving or disproving the allegations against me. Despite evidence that the forensic results were in the possession of the investigating officer, the magistrate did not exercise judicial oversight by requiring their submission,” Noa said.
He thus requested that the Judicial Service Commission initiate an investigation into the misconduct and possible judicial incompetence of Magistrate Nyazo as a matter of urgency.
“I request that the magistrate be held accountable for these serious lapses, which have resulted in a gross miscarriage of justice and an unwarranted deprivation of my liberty. I request that the Judicial Service Commission review the magistrate’s conduct to determine suitability for judicial office and appropriate sanctions be imposed to prevent recurrence of such misconduct,” Noa said.
