Werner Menges
4 December 2008
A SENIOR High Court Judge found himself on the other side of the law this week, when he had to appear in the dock in the Windhoek Magistrate's Court on a drinking and driving charge.
Appearing before Magistrate Elsie Schickerling on Monday, Judge Elton Hoff was informed that his case was being postponed to February 27 for further investigations to be done.
The Judge remains free on bail of N$800 until then.
He was arrested in Windhoek on Friday last week, allegedly after a breathalyser test indicated that he was over the legal breath alcohol limit of 0,37 milligrams per 1 000 millilitres of breath.
Judge Hoff is at this stage charged with contravening the Road Traffic and Transportation Act by driving with an excessive breath alcohol level.
The charge is not affecting his status as a Judge at this moment, the head of the High Court, Judge President Petrus Damaseb, told The Namibian yesterday.
"He remains a Judge.
He continues to enjoy my full confidence.
Once the process is completed we'll take it from there," the Judge President said.
He said Judge Hoff on Monday briefed him about the incident which led to him being charged after a breathalyser test was conducted on him.
Once all the facts on the matter have been gathered and a court has finalised the case, he will consider it and decide - depending on the seriousness of the infraction, if any - whether to refer the matter to the Judicial Service Commission (JSC) or take other steps, the Judge President said.
At this stage the JSC is not seized with the matter, he said.
The Judge President is also a member of the JSC.
The chairperson of the JSC, Chief Justice Peter Shivute, also said yesterday that the JSC has not been officially informed about the matter.
Judge Hoff declined commenting on the matter when his office was contacted yesterday.
Judge Hoff has been serving as a High Court Judge since March 2001.
Since late 2003, he has had to shoulder one of the heaviest continuing burdens in Namibia's judicial system: the task of presiding over the largest trial in Namibian legal history - the main Caprivi high treason trial, in which 117 people are being prosecuted in connection with an alleged plot to secede the Caprivi Region from Namibia.
Seasoned lawyers who spoke to The Namibian yesterday indicated that Judge Hoff is held in high regard in the country's legal fraternity.
One lawyer commented that, looking at the rulings Judge Hoff has so far delivered in the treason trial, while also continuing to hear other cases when that trial is not in session, he appears to be an independent, hard-working and productive judge.
Another experienced lawyer commented that he is regarded as a "solid judge" who has "a good feel for justice", an even-tempered way of dealing with matters before him, and a courteous courtroom manner.
Of importance also is that he delivers judgements within a reasonable period of time, avoiding the excessively long waiting periods for decisions that are often encountered in Namibia's courts, it was said.
Judge Hoff ranks third in seniority among the Judges currently serving on the High Court bench.
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