Former prisoner wants to sue over sentencing error

A FORMER prisoner, who claims he was kept in Police custody for more than 10 months after he had served his sentence, says he plans to take legal action against the justice system.

Freddy Johnson was convicted on charges of attempted rape and assault in the Keetmanshoop Magistrate’s Court on January 25 2005.Then-magistrate Hosea Noabeb sentenced Johnson to five years’ imprisonment, of which three years were suspended. However, the written case record stated that only two years were suspended.’I noticed the mistake that first day when I looked at the warrant of arrest. I told the Police officer on duty about it, as he also heard the sentence when it was given. He thought it was his mistake and he tippexed it out. But later the prison officers looked in the court book and they thought I was lying. I kept on complaining, but nobody would believe me,’ Johnson told The Namibian on Friday.Johnson, who says he was supposed to be released on January 24 2007, was eventually released on December 5 that year, after his complaints led to his lawyer, a representative from the Ombudsman’s office and Magistrate Noabeb going back to the tape-recording of the sentencing.’He heard himself, and he had to acknowledge that he made a mistake. He even called me to his office from prison to ask me to forgive him, saying anyone can make a mistake. Then he gave me N$50,’ Johnson said.The mistake is confirmed in a written request Noabeb made to a reviewing judge at Lüderitz to have the written sentence amended.’I have wrongly recorded the sentence on the case record in hand writing as well as in the court book… It is in light of the above that I humbly request the honourable reviewing judge to amend the sentence on count one to read five years’ imprisonment of which three years are suspended on condition,’ Noabeb wrote.Noabeb was dismissed from his magistrate’s position in February this year. He had been found guilty on various misconduct charges.Meanwhile, Johnson says that he has applied for legal aid twice between December 2007 and July 2008 in order to claim damages from the Justice Ministry, but has not received any reply yet.