Roland Routh
Two judges of the High Court roasted a Mariental magistrate for what they deemed “a flagrant disregard” of an accused’s constitutional right to legal representation.
After Randy Bock indicated to the magistrate that he applied for legal aid during a court appearance, the magistrate did not afford him the opportunity and summarily directed that he pleaded to the charges.
Bock already indicated to the magistrate during his first court appearance on a charge of assault with intent to do grievous bodily harm that he intends to defend himself.
However, after several postponements and when the matter was ready for plea and trial, Bock had a change of heart and informed the magistrate that he applied for legal aid and was waiting for a response.
The magistrate then wanted to know why it took him so long to apply for legal aid, and he told the magistrate that it was because he was alone with his grandmother.
He was convicted and sentenced to three years imprisonment.
“Despite the accused’s indication to have applied for legal aid, the court did not afford him the opportunity to obtain legal representation,” Judges Herman January and Dinnah Usiku found on automatic review.
According to them, the conviction and sentence are clearly not in accordance with justice, and the accused person would be seriously prejudiced if he is not released from custody forthwith.
They further said that Article 12 (1)(e) of the Constitution states that all persons shall be afforded adequate time and facilities for the preparation of defence before the commencement of, and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.
“The right to be legally represented is a fundamental right,” the judges stressed.
Consequently, they said, the proceedings in this case cannot be said to be in accordance with justice, because there was a failure of justice, which resulted in a gross irregularity.
In the end, they set aside the conviction and sentence, and ordered the immediate release of Bock.
- rrouth@nepc.com.na