The trial of former Windhoek based magistrate Hileni Kavara, who is accused of intervening in her boyfriend’s case in 2015 while she was employed as a magistrate, is set to resume in November.
The hearing was postponed, as presiding officer Elvis Mwilima was not available to hear the matter. Thus, the court scheduled 22 to 26 November for the continuation of the trial.
Kavara is on trial on a charge of defeating or obstructing the course of justice, alternatively corruptly using office or position for gratification, which is an offence under the Anti-Corruption Act, and a count of corruptly using a false document.
The prosecution is alleging that in 2015, at the time she was employed as a magistrate, she intervened in her boyfriend’s case.
Kavara’s then boyfriend, Mohammed Shabani, was facing a charge of dealing in cocaine. During his bail application, Kavara took the stand and testified in his favour so he may be granted bail.
Shabani’s bail request was later granted, of which Kavara forked out N$50 000 for his release. After getting bail, Shabani disappeared and failed to make his court appearance in November 2015; the bail money was provisionally forfeited to the State and a warrant of arrest was issued against him.
Kavara then handed in an application to have her bail money returned to her after her boyfriend at the time became a fugitive from justice.
She allegedly later used her position as magistrate to alter the court records by making an entry on the court system, ordering the reinstatement of Shabani’s bail.
Kavara was suspended after an investigation by the ACC found her guilty of allegedly amending a case record and reinstated bail in the absence of a prosecutor and court interpreter.
Following her suspension, Kavara later resigned from her position as magistrate.
She is currently on bail of N$2 000. The former magistrate also has another case before Rundu Magistrate’s Court where she is facing a count of crimen injuria.
It is alleged that she called her neighbour a witch. In this case, she is on bail of N$800.
-mamakali@nepc.com.na