NOT REPORTABLE
								CASE NO. CA 85/09

IN THE HIGH COURT OF NAMIBIA
In the matter between:

BENEDICTUS JEREMIA TIBOTH					APPELLANT

and

THE STATE									RESPONDENT

APPEAL JUDGMENT

[2] The Appellant appealed against the convictions as well as the sentences imposed.

[3] It is common cause that due to various reasons, inter alia, because the Magistrate who presided is no longer employed by the Ministry of Justice, the record cannot at this stage be reconstructed.

[4] It further appears that, there was a formal defect in the proceedings, as the cassettes that were used during the proceedings, did not record the proceedings in Court.

[5] In the circumstances, the convictions and the sentences stand to be set aside and this Court therefore orders that the convictions as well as the sentences imposed be set aside. The Prosecutor General has the prerogative to decide, to institute criminal proceedings afresh against the Appellant.

HOFF,J

I agree

VAN NIEKERK, J

ON BEHALF OF THE APPELLANT:						MR SWARTS