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Originally posted by mickey malone
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16.10.06
Green light for Harry Simon appeal
By: WERNER MENGES
THE High Court on Friday gave permission to the State to pursue an appeal to increase the two-year prison term that former world champion boxer Harry Simon received last year in connection with a car crash in which three Belgian tourists were killed.
Simon was sentenced to four years' imprisonment, of which two years
were suspended for five years, when his trial in the Walvis Bay
Regional Court ended with him being convicted of culpable homicide
in early August last year.
Simon was prosecuted in connection with the role that he had
played in the death of three Belgian visitors to Namibia.
The three - a 22-month-old baby, Ibe de Winter, her 31-year-old
father, Frederick de Winter, and a 29-year-old mother of two
children, Michelle de Clerck - were killed on the evening of
November 21 2002 when a car that Simon was driving at great speed
crashed head-on into a vehicle carrying a group of Belgian
tourists.
The collision happened at a turn-off to Langstrand on the road
between Swakopmund and Walvis Bay.
Since being convicted and sentenced, Simon has remained free on
bail of N$10 000 pending an appeal that his lawyer, Slysken
Makando, has launched against both the conviction and sentence.
The State also filed an application to be given leave to appeal
to the High Court against the sentence, which it wants to be
increased.
This application was considered by Judge Sylvester Mainga on
Friday, and the result was that he decided to allow the prosecution
to appeal for an increase of the jail term that Simon received.
The prosecution's appeal is set to be heard with Simon's appeal
against his conviction and sentence.
A date for the hearing must still be set.
The deadly crash on November 21 2002 was the second fatal car
collision that Simon had been involved in within a period of 20
months.
In April 2001, two Swakopmund residents died close to Swakopmund
on the road to Usakos when a Mercedes-Benz vehicle owned by Simon,
and of which he was an occupant, crashed into their vehicle from
behind.
The Police initially reported that Simon had been the driver of
his car, but it was later claimed that another occupant of the
vehicle, Hans Hauwanga, had been behind the steering wheel.
Hauwanga was eventually convicted of culpable homicide in
December 2004, and received a four-year prison term of which two
years were suspended.
Simon, who will turn 34 on Saturday, won a World Boxing
Organisation middleweight world champion title in August 1998.
He had to vacate his title when he was put out of action after
breaking an arm and a leg in the November 2002 collision, and is
yet to make a return to the ring.
Simon was prosecuted in connection with the role that he had played
in the death of three Belgian visitors to Namibia.The three - a
22-month-old baby, Ibe de Winter, her 31-year-old father, Frederick
de Winter, and a 29-year-old mother of two children, Michelle de
Clerck - were killed on the evening of November 21 2002 when a car
that Simon was driving at great speed crashed head-on into a
vehicle carrying a group of Belgian tourists.The collision happened
at a turn-off to Langstrand on the road between Swakopmund and
Walvis Bay.Since being convicted and sentenced, Simon has remained
free on bail of N$10 000 pending an appeal that his lawyer, Slysken
Makando, has launched against both the conviction and sentence.The
State also filed an application to be given leave to appeal to the
High Court against the sentence, which it wants to be
increased.This application was considered by Judge Sylvester Mainga
on Friday, and the result was that he decided to allow the
prosecution to appeal for an increase of the jail term that Simon
received.The prosecution's appeal is set to be heard with Simon's
appeal against his conviction and sentence.A date for the hearing
must still be set.The deadly crash on November 21 2002 was the
second fatal car collision that Simon had been involved in within a
period of 20 months.In April 2001, two Swakopmund residents died
close to Swakopmund on the road to Usakos when a Mercedes-Benz
vehicle owned by Simon, and of which he was an occupant, crashed
into their vehicle from behind.The Police initially reported that
Simon had been the driver of his car, but it was later claimed that
another occupant of the vehicle, Hans Hauwanga, had been behind the
steering wheel.Hauwanga was eventually convicted of culpable
homicide in December 2004, and received a four-year prison term of
which two years were suspended.Simon, who will turn 34 on Saturday,
won a World Boxing Organisation middleweight world champion title
in August 1998.He had to vacate his title when he was put out of
action after breaking an arm and a leg in the November 2002
collision, and is yet to make a return to the ring.
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