Festus Hamalwa
The protracted saga of northern businessman Sindano Hango, who was convicted of raping his cousin in 2014, will finally end in the Oshakati Regional Court today.
Magistrate Leopoldt Hangalo earlier this week postponed the judgement to today after oral submissions were concluded on Wednesday.
Hango has put up a formidable fight and blamed an array of people and institutions, including the media, for his conviction, hoping to escape a heavy sentence.
He was initially found not guilty at the end of his trial by Hangalo in the Oshakati Regional Court last year.
Hangalo noted in his judgement that after considering the evidence presented in court, he was not convinced that a rape was committed.
He was convicted of rape in February 2021 in the High Court, following an appeal by the State.
Not satisfied with the High Court’s decision, Hango appealed his case in the Supreme Court. But in October 2021, the Supreme Court upheld the High Court’s decision to convict Hango for rape.
The Supreme Court ordered that the matter be remitted to the regional court for sentencing.
During oral submissions this week, public prosecutor Nelao Ya France requested the court to sentence Hango to an effective 20-year prison term.
Ya France said the case has been riddled with controversy.
“What has been done by Hango is humiliating to his family and society. It is also heartbreaking to the woman [he raped],” she stated.
“Rich people think they will buy justice. Enough is enough.”
In a statement that was read into the record by his lawyer Kadhila Amoomo, Hango is seeking a wholly suspended sentence.
“The complainant is my cousin. We are family, and at the time shared an intimate relationship. I accept at this point that the evidence supporting this has been excluded from the record, but still maintain that on the basis that the victim is my cousin, there are compelling circumstances rendering it necessary to suspend the sentence,” submitted Hango.
He further noted that he has since apologised to the victim.
Hango claims he did not receive a fair trial, and this should be taken into account as a mitigating factor by the court. He submitted that there was “undue pressure” placed on the presiding officer in his case, who was subjected to pressure from the public as well as the media.
The father of three said the media interfered in the matter by persistently painting a negative picture of him during his trial.
His prolonged trial has allegedly caused him to spend more than N$1.2 million in legal fees and other ancillary expenses.
He furthermore pleaded with the court that his minor children, family and more than 300 people whom he employs will suffer if he is incarcerated.
Hango’s case, which has been on the roll for nearly seven years, has been riddled with numerous media reports accusing the presiding officer of corruption, and taking bribes. There was also a public demonstration which aimed at removing the presiding officer from the matter on the basis that he is corrupt and was paid to acquit him.
He further stands accused of bribing the complainant with N$10 000 to allegedly withdraw the rape charge.
Witnesses testified during the trial that Hango sent family members to talk the victim into withdrawing the case in exchange for money.
The initial investigating officer allegedly also tried to talk the victim into withdrawing the matter.
-fhamalwa@nepc.com.na