Lawyer Kadhila Amoomo who represented social activist Michael Amushelelo, has indicated that his client will sue the Minister of Safety and Security Albert Kawana and the Namibian Police Inspector General Joseph Shikongo for N$10 million.
Amushelelo had been in jail since his arrest on 21 March 2023 and was on Thursday acquitted of all charges after spending close to seven months in prison for alleged public violence, malicious damage to property, and violating a court order after a protest they organised against youth unemployment on 21 March 2023.
Amoomo told NBC News the claim will include malicious prosecution, violation of human dignity, and wrongful arrest and detention.
Magistrate Linus Samunzala granted a section 174 application and found Amushelelo his co-accused Dimbulukeni Nauyoma not guilty on charges of public violence, malicious damage to property, and violating a court order.
Amoomo and Nauyoma’s lawyers Sherrow Malumbano argued that the State failed miserably to prove any of the charges against their clients. Several police officers testified during the trial that they did not observe either Nauyoma or Amushelelo inciting the protesters to violence or damaging a police vehicle. In fact, they testified, both men were already in police custody when the violence started and the vehicle damaged. However, Samunzala said the officer who laid the complaint against the accused contradicted himself in material aspects.
He said despite the complainant having testified that he observed Amushelelo giving orders to the protesters to engage the police, such a version was contradicted by several other witnesses.
Samunzala said the evidence of the State witnesses was so poor that a court acting carefully could not convict the accused.
According to him, the evidence clearly showed that neither Nauyoma nor Amushelelo were at the scene when stones were thrown at the police and the vehicle was damaged.
Nauyoma was on bail and his bail money was refunded. Popular Democratic Movement lawmaker Inna Hengari was also arrested during the melee, but the charges were later withdrawn against her.
Approached for comment yesterday afternoon, inspector general Shikongo said he saw the information on social media and will comment on the matter when he receives official correspondence from Amoomo.