WINDHOEK, 08 APR – An appeal against the dismissal of a lawsuit for unlawful arrest and malicious prosecution of Junias Fillipus, arrested in connection with the rape and murder of Magdalena Stoffels in 2010, has been struck off the Supreme Court’s roll.
The appeal relates to an earlier dismissal of a special plea of lawsuit case in respect of Fillipus’ damage claims for wrongful arrest, unlawful detention and malicious prosecution over the schoolgirl’s death.
Court documents availed to Nampa on Sunday show Fillipus’ appeal was struck off the roll in a ruling handed down by Deputy Chief Justice Petrus Damaseb, Judge of Appeal Dave Smuts and Acting Judge of Appeal Theo Frank on Friday.
As per the ruling, Fillipus’ appeal matter is now referred back to the roll of the Windhoek High Court for pre-trial proceedings of case management to be conducted afresh and new dates for the hearing to be decided upon.
Fillipus is suing the Namibian Government for N.dollars 2.7 million for the alleged wrongful arrest by the police on 27 July 2010 and for allegedly being maliciously charged with the rape and murder on 30 July 2010, in respect of Stoffels’ death.
Stoffels – a then 17-year-old learner at Dawid Bezuidenhout High School – was raped and murdered in a riverbed near the Windhoek College of Education in Khomasdal on 27 July 2010.
Fillipus spent 291 days at the Katutura Police Station with no option to pay bail, before the Office of the Prosecutor-General on 13 May 2011 ordered the withdrawal of all the charges against him due to lack of prima facie evidence.
Stoffels’ killer has still not been found.
Fillipus had, however, spent six months in jail for breaking into his aunt’s house at his home village of Onaghulo in the Ohangwena Region, where he stayed upon his release from custody in Windhoek in the Stoffels case on 13 May 2013.
Local lawyer Chipo Machaka, assisted by Appolos Shimakeleni, represented Fillipus in the appeal.
The two lawyers defended him on the instructions of the Directorate of Legal Aid.
The Namibian Government did not oppose the appeal.