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Rape convict fights for his docket

2021-11-26  Maria Sheya

Rape convict fights for his docket

A resident of Otavi who is serving a prison term of 60 years for gang-raping a woman more than a decade ago, wants his police docket.

Michael Gawiseb (43), is seeking a court order that would compel Minister of Safety and Security Albert Kawana and police commander of the Otjozondjupa region Heinrich Tjiveze to provide him with his full police docket. 

In documents filed before the High Court, he claims that he has made several attempts to obtain it, but to no avail. It is his argument that he needs his docket to prepare as he intends on appealing his conviction.

Gawiseb claims Kawana and Tjiveze have defied a court order issued in the Otjiwarongo Magistrate’s Court, directing them to furnish him with the docket. “There is no law in independent Namibia that prohibits the respondent from providing the disclosure to the applicant. Failure to provide it is tantamount to a miscarriage of justice, and indeed contrary to the constitution and rule of law,” submitted Gawiseb. 

In August 2018, Gawiseb was convicted in the Otjiwarongo Regional Court on four charges of rape, a count of assault with intent to cause grievous bodily harm, and a charge of assault by threat.

He was convicted alongside Moses Pieters (46), who is serving a 20-year sentence. 

During their sentencing, the court noted that the pair planned the crimes that they committed, kept the victim captive for hours while they raped her repeatedly, and during their trial showed no remorse. 

Gawiseb and Pieters gang-raped a woman at Otavi during the early morning hours of 14 November 2010. 

His case is scheduled to be back in court on 25 January 2022 for a status hearing on the outcome of his application for a State-funded lawyer.  The State was represented by Jurie Ludwig.

2021-11-26  Maria Sheya

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