Wrongly Convicted Database Record

 

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Theodor Jankowski

 

Charge:

Corruption (including Public Corruption)

Sentence:

"6 months or payment of N$2,000 fine"

Years Imprisoned:

Year Crime:

2009

Year Convicted:

Year Cleared:

2018

U.S. State or Country of Crime:

Namibia

County or Region of Crime:

City of Crime:

Rehoboth

Result:

Judicially Exonerated

Summary of Case:

"Theodor Jankowski was wrongly convicted of public corruption while he was chief executive officer of the Rehoboth Town Council in Namibia. Jankowski's prosecution was based on his alleged violation of section 84A of the Local Authorities Act 23 of 1992. Jankowski was alleged to have not disclosed his conflict of interest in a tender bid in 2009 during which he allegedly chaired a tender board meeting that awarded a road construction tender to Orion Construction. Orion Construction is owned by Jankowski's son’s father-in-law. During his bench trial in the Rehoboth Regional Court, then-acting CEO Willie Swartz testified there was no need for Jankowski to recuse himself from the tender board meeting because “the bidder in question was remotely related to the former CEO,” and the awarding of the tender was procedurally and substantially correct in terms of pricing and meeting the requirements of the contract. After his conviction Jankowski was sentenced to six months in prison or in the alternative payment of a N2,000 fine ($US149). Jankowski appealed. On June 11, 2018 the Windhoek High Court set-aside Jankowski's conviction because the record of his trial is missing and could not be reconstructed. High Court Judge Alfred Siboleka wrote the judgement agreed to by Judge Naomi Shivute that the proceedings in the trial are rendered out of place and of no force or effect because the record cannot be reconstructed as indicated by both defence and State counsels, as well as the magistrate who presided over the trial. Consequently, Jankowski's appeal succeeds and his conviction and sentence were set aside."

Conviction Caused By:

Innocence Proved By:

"On June 11, 2018 the Windhoek High Court set-aside Jankowski's conviction because the record of his trial is missing and could not be reconstructed. High Court Judge Alfred Siboleka wrote the judgement agreed to by Judge Naomi Shivute that the proceedings in the trial are rendered out of place and of no force or effect because the record cannot be reconstructed as indicated by both defence and State counsels, as well as the magistrate who presided over the trial. Consequently, Jankowski's appeal succeeds and his conviction and sentence were set aside."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Former CEO of Rehoboth cleared on technicality, By Roland Routh, NewEra.com, June 14, 2018"

Information Location 1:

https://www.newera.com.na/2018/06/14/former-ceo-of-rehoboth-cleared-on-technicality/

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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