Judges order release of alleged poachers
Magistrate erred in judgment
The High Court has released two men who are said to have poaching-related cases pending against them in several towns.
Two men who stood trial on charges of poaching, Hermanus Kharugab and Ashley Eiseb, were released after a judgment review in the Windhoek High Court
Eiseb - who, according to a member of the Nossob Crime Prevention Forum, is a "big problem" - and Kharugab were arrested in November 2023 after they allegedly used a hired car to poach game in the Okahandja area.
Judges Boas Usiku and Naomi Shivute set aside the convictions and sentences against both men and ordered their release from custody.
The judges believe that the presiding magistrate, who found the men guilty after they pleaded guilty, made a mistake when he labelled waterbucks as game, as well as chamois and kudus as protected game.
It is, actually, the other way around - chamois and kudus are game animals, while waterbucks are protected game.
In their joint verdict, the judges explained that this confusion hindered the magistrate's interrogation and that the magistrate's guilty verdict is, therefore, wrong.
Habitual poachers
The men have been described as habitual poachers, with a member of the Nossob Crime Prevention Forum telling Namibia Media Holdings last year that Eiseb has been “bothering” them “for a long time”.
The source also expressed displeasure at the fact that the suspected poachers plead guilty as a tactic to receive lighter sentences.
"We know quite a lot of them and we make a point of remembering them, because they get off every time because they plead guilty and then get fined. Because they plead guilty, everyone is only too happy for the case to be resolved, and no one checks whether there is a previous complaint against them,” they added.
In November when Eiseb and Kharugab were arrested, a farmer apparently had to drive from Seeis to pick up a public prosecutor in Windhoek as the public prosecutor allegedly had no transport.
Deputy Commissioner Veikko Armas of the Namibian Correctional Service confirmed that Eiseb and Kharugab were released from custody at the end of January. However, there are still pending cases against them in Okahandja, he added.
Again and again
Last November, members of the forum said they had already seized three of Kharugab's vehicles and that there were also pending cases against Eiseb in Witvlei, Gobabis, Windhoek and Omaruru.
These members apparently tracked down Kharugab in 2022 after he allegedly poached a kudu in the Wilhelmstal area.
"We chased him. We were still in the vehicle when he jumped out and started shooting at us. We filed a case of attempted murder and illegal hunting against him," the source said at the time.
"We confiscated all three of his vehicles and had him locked up, but he is released on bail again and again."
– [email protected]
Eiseb - who, according to a member of the Nossob Crime Prevention Forum, is a "big problem" - and Kharugab were arrested in November 2023 after they allegedly used a hired car to poach game in the Okahandja area.
Judges Boas Usiku and Naomi Shivute set aside the convictions and sentences against both men and ordered their release from custody.
The judges believe that the presiding magistrate, who found the men guilty after they pleaded guilty, made a mistake when he labelled waterbucks as game, as well as chamois and kudus as protected game.
It is, actually, the other way around - chamois and kudus are game animals, while waterbucks are protected game.
In their joint verdict, the judges explained that this confusion hindered the magistrate's interrogation and that the magistrate's guilty verdict is, therefore, wrong.
Habitual poachers
The men have been described as habitual poachers, with a member of the Nossob Crime Prevention Forum telling Namibia Media Holdings last year that Eiseb has been “bothering” them “for a long time”.
The source also expressed displeasure at the fact that the suspected poachers plead guilty as a tactic to receive lighter sentences.
"We know quite a lot of them and we make a point of remembering them, because they get off every time because they plead guilty and then get fined. Because they plead guilty, everyone is only too happy for the case to be resolved, and no one checks whether there is a previous complaint against them,” they added.
In November when Eiseb and Kharugab were arrested, a farmer apparently had to drive from Seeis to pick up a public prosecutor in Windhoek as the public prosecutor allegedly had no transport.
Deputy Commissioner Veikko Armas of the Namibian Correctional Service confirmed that Eiseb and Kharugab were released from custody at the end of January. However, there are still pending cases against them in Okahandja, he added.
Again and again
Last November, members of the forum said they had already seized three of Kharugab's vehicles and that there were also pending cases against Eiseb in Witvlei, Gobabis, Windhoek and Omaruru.
These members apparently tracked down Kharugab in 2022 after he allegedly poached a kudu in the Wilhelmstal area.
"We chased him. We were still in the vehicle when he jumped out and started shooting at us. We filed a case of attempted murder and illegal hunting against him," the source said at the time.
"We confiscated all three of his vehicles and had him locked up, but he is released on bail again and again."
– [email protected]
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