01 Mar 2018 15:00pm
WINDHOEK, 01 MAR (NAMPA) - A ruling in a civil legal battle in which former Judge of Appeal Pio Teek is suing the government for over N.dollars 6 million is expected to be made public in the High Court here on Friday.
The retired judge is suing the government, the minister of justice and ombudsman for violating his rights to a fair trial, defamation and a breach of constitutional duty.
In the lawsuit, Teek claimed that both the justice minister and ombudsman failed to speedily serve summons on South African appeal judges Piet Streicher, Kenneth Mthiyane and Fritz Brand, who were appointed as acting judges of appeal by Namibia's Supreme Court at the time.
Teek is now suing the government for about N.dollars 6.9 million in damages.
He was arrested in 2005 on charges of abducting two underage girls, giving them alcohol, fondling them and showing them pornographic material at his farm in the Brakwater area on the northern outskirts of Windhoek.
The High Court found him not guilty the following year.
The State then successfully appealed against the High Court judgement in the Supreme Court on 07 December 2016, and the Supreme Court reversed High Court judge, Ronnie Bosielo's ruling, which had found Teek not guilty.
A full bench of South African appeal judges found there was enough evidence for a re-trial.
Teek then instituted the civil claim for damages against the government, the minister of justice and ombudsman on 09 October 2017.
Teek had emphasised that the defendants' unlawful conduct was the material and direct cause of his decision to withdraw and abandon his civil action against the South African judges.
He said the legal consequence of their actions were that he was denied the due process of law, natural justice and due care, as well as fair, reasonable, adequate and speedy remedial actions pursuant to statutory and common law.
Teek also claimed that he was denied economic advancement and happiness, and this resulted in severe mental anguish.