Monday 16 February 2015

Update on courtcase against Daycare owner Belinda //Ga­roës

In 2013 Belinda //Ga­roës, owner of a daycare center for poor children in a suburb of Okahandja, Namibia, was incarcerated on several criminal charges following an eviction order. Read more about that in "City Councils Vendetta against owner of Day-Care center in Okahandja" and here about my day in court with her.

I somehow lost contact with Belinda after that day until 14th February 2015, when she suddenly turned up again, telling me about the pending trial date on Monday, 16th February. This time she showed me the stack of documents she had received - transcriptions of all previous hearings.
While going through those transcripts I found the one pertaining to the trial date, which was eventually set for 16 February 2015 in a hearing in August 2014. Right up until that time she had not received any disclosure documents. In the August hearing the magistrate ordered that she had a right to those documents and that she should apply to receive them. When i asked her about that, she told me she had followed the order and personally handed in the application, without making a copy of it, however.  Oops, a grave mistake. 

When I asked her for the disclosure documents, she pointed to the documents in my hand, telling me that is what she received on February 13 at the court offices.  Oh poor woman! But how was she to know? So her only option was to once again ask for the disclosure documents at the start of Mondays proceedings.

Well, today during lunchtime Belinda came to report about the proceedings. Apparently the prosecutor, right at the start of the  hearing, told the magistrate that she hadn't yet handed out the disclosure documents to Belinda, but would do so at 16h00. So the trial date was once again postponed to the 4th of June 2015 and Belinda is as happy as can come.

I haven't yet heard if she did in fact receive disclosure today. Will post another update if and when I hear from the lady again. 

Update 17/2/2015: She did not get the disclosure documents yesterday because they now charge for those(illegally as I found out), and she of course had no money to pay for them.







  

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