15 Feb 2017 17:40pm
WINDHOEK, 15 FEB (NAMPA) - Retired Judge Pio Marapi Teek suffered an irreparable blow when the High Court on Wednesday granted the State leave to appeal against his acquittal on child abduction and rape charges.
High Court Judge Thomas Masuku handed down the ruling on an application by the Office of the Prosecutor-General to appeal in the Supreme Court.
If there are grey areas or contentious aspects to the judgement delivered by Acting High Court Judge Ronnie Bosielo, the correct forum to address that issue is the Supreme Court itself, said the judge.
Masuku said there shall be no order to legal costs of the case.
The PGs successful application comes more than six years after the State lost against the former judge.
High Court Judge Nate Ndauendapo removed a similar application from the High Court roll in February 2016, apparently because the Office of the Registrar of the High Court failed to serve papers on Teek.
This was the States second application for leave to appeal the acquittal of Teek by South African Judge Bosielo, who was seconded to Namibia to preside over the high-profile trial.
Teeks first trial between 2005 and 2006 was appealed in the Supreme Court after he successfully applied for a Rule 174 discharge. The retrial had the retired judge again acquitted after the completion of the retrial in the High Court.
Teek was in 2005 arrested and accused of abducting two young girls, plying them with alcohol, showing them pornographic movies and allegedly fondling them. He denied all charges and said he found them wandering at night unsupervised and hungry, and that he merely took them to his plot to feed them.
Teek claimed he planned to take them to their homes after feeding them, but that he fell asleep and only took them back home when he woke up the next morning.
The State is now claiming that Bosielo erred when he found the State did not prove beyond a reasonable doubt that Teek was guilty and by criticising the manner in which the police handled the investigation.
State Advocate Dominic Lisulo represented the PG's Office.
The retired judge defended his own case during appeal application.