12 Mar 2018 16:50pm
WINDHOEK, 12 MAR (NAMPA) A convict who is serving a 10-year prison sentence for raping a former colleague, wants to be allowed a chance to appeal against the heavy prison punishment in the Supreme Court.
Vincent Likoro, a former Swapo coordinator for the Kavango regions, wants to be allowed leave to appeal against the prison sentence that was imposed on him by the Katima Mulilo Regional Court on 21 January 2016.
In his urgent application for leave to appeal before High Court judges Johanna Salionga and Dinah Usiku on Monday, Likoro is claiming there was grave misdirection by the court at the time of the trial, judgement and sentencing by Magistrate Bongani Ndlovu.
Furthermore, Likoro is claiming there was another second grave misdirection by High Court judges Christie Liebenberg and Dinah Usiku when the two dismissed his first appeal attempt in the Windhoek High Court on 08 December 2017, ordering him to start serving his prison sentence with immediate effect.
On Monday, Likoro, through his privately-instructed defence lawyer Advocate Louis Botes, strongly attacked the manner in which the regional court handled the whole proceeding of his trial.
He alleged the trial was not legally handled as per the strict provisions of the Criminal Procedures Act of 1977.
Likoro also claimed that presiding regional magistrate Ndlovu had just rejected his version of events without allowing proper cross-examinations of State witnesses.
He now asks the High Court to be allowed the opportunity to appeal in the Supreme Court and wants that court to re-look all alleged irregularities, saying what transpired in court during trial was not correct at all.
In his response, State Advocate Dominic Lisulo said Likoro was legally and correctly tried as per provisions of the Criminal Procedures Act of 1977, and there was no single misdirection by the Katima Regional Court during trial or the Windhoek High Court when it dismissed his first appeal bid.
Lisulo asked the court not to entertain Likoros new request to be allowed leave to appeal against his prison sentence.
After having listened to arguments by both Botes and Lisulo, judges Salionga and Usiku reserved their judgement on the matter.
The date for the handing down of the ruling will be communicated to lawyers of the two parties involved in the matter when the verdict is ready.
Likoro was convicted of having had sexual intercourse with a colleague without her consent on 07 July 2013 during an official trip to the Zambezi Region, when he was a ministerial advisor in the then Ministry of Lands and Resettlement.
The Katima Mulilo Regional Court on 05 May 2016 granted Likoro bail of N.dollars 50 000 to allow him to pursue private business activities and raise money for his first appeal hearing in the High Court.
He now serves his prison sentence at the Windhoek Central Correctional Facility.