Thomas in last-chance saloon
High Court Judge Christie Liebenberg has told two Americans accused of murdering Andre Heckmair in 2011 that he will not allow any further delays in the trial.
Liebenberg gave what he termed a “last opportunity” to one of the accused, Marcus Thomas, and postponed the matter to 28 November in order for Thomas to obtain a lawyer.
Thomas, together with Kevan Donnell Townsend, is on trial for Heckmair's murder.
Besides the public interest in the case, the American embassy is also closely monitoring the proceedings. An embassy official was in the gallery this week and was permitted to talk to Thomas during an adjournment. He would not speak to the media.
Judge Liebenberg said on Tuesday that in the previous nine days the trial had been continually postponed.
He explained this was necessitated by the withdrawal of Thomas's lawyer, Kadhila Amoomo, on 23 July due to a conflict of interest.
Amoomo told the court he was representing State witness Ashley Hendricks in another case before the Katutura Magistrate's Court.
According to the judge, Thomas has so far been represented by ten lawyers, which has delayed the trial proceedings.
“Psychiatric evaluations, challenges of the results, an application for the recusal of the presiding judge and its refusal, and a petition to the Supreme Court were all factors impacting on the proceedings,” Liebenberg said.
He added that the case was set down for trial, but subsequent lawyers assigned by the legal aid directorate were unavailable due to previous commitments.
“The court roll is congested and the only available dates are in next year,” Liebenberg said.
He said the court would see to it that the accused received a fair trial.
However, he said the court could compel the legal aid directorate to reconsider its decision to withdraw from the matter.
The directorate on Monday withdrew its approval of a government-funded lawyer for Thomas because he had given his lawyers “unattainable instructions”.
“In the circumstances it is fair that the accused obtain a lawyer or alternatively prepare himself to appear in person.
“This is the last opportunity. The matter is postponed to afford the accused an opportunity to approach the legal aid directorate to reconsider its decision to withdraw its approval for legal aid,” Judge Liebenberg said.
Liebenberg added that the court could not allow further delays.
“Legal representation is a right, but it's not an absolute right.”
He postponed the case until 28 November. The judge also announced the trial schedule. The dates are 11 to 15 February, 1 to 5 April, 15 to 19 April and 6 to 10 May 2019.
FRED GOEIEMAN
Liebenberg gave what he termed a “last opportunity” to one of the accused, Marcus Thomas, and postponed the matter to 28 November in order for Thomas to obtain a lawyer.
Thomas, together with Kevan Donnell Townsend, is on trial for Heckmair's murder.
Besides the public interest in the case, the American embassy is also closely monitoring the proceedings. An embassy official was in the gallery this week and was permitted to talk to Thomas during an adjournment. He would not speak to the media.
Judge Liebenberg said on Tuesday that in the previous nine days the trial had been continually postponed.
He explained this was necessitated by the withdrawal of Thomas's lawyer, Kadhila Amoomo, on 23 July due to a conflict of interest.
Amoomo told the court he was representing State witness Ashley Hendricks in another case before the Katutura Magistrate's Court.
According to the judge, Thomas has so far been represented by ten lawyers, which has delayed the trial proceedings.
“Psychiatric evaluations, challenges of the results, an application for the recusal of the presiding judge and its refusal, and a petition to the Supreme Court were all factors impacting on the proceedings,” Liebenberg said.
He added that the case was set down for trial, but subsequent lawyers assigned by the legal aid directorate were unavailable due to previous commitments.
“The court roll is congested and the only available dates are in next year,” Liebenberg said.
He said the court would see to it that the accused received a fair trial.
However, he said the court could compel the legal aid directorate to reconsider its decision to withdraw from the matter.
The directorate on Monday withdrew its approval of a government-funded lawyer for Thomas because he had given his lawyers “unattainable instructions”.
“In the circumstances it is fair that the accused obtain a lawyer or alternatively prepare himself to appear in person.
“This is the last opportunity. The matter is postponed to afford the accused an opportunity to approach the legal aid directorate to reconsider its decision to withdraw its approval for legal aid,” Judge Liebenberg said.
Liebenberg added that the court could not allow further delays.
“Legal representation is a right, but it's not an absolute right.”
He postponed the case until 28 November. The judge also announced the trial schedule. The dates are 11 to 15 February, 1 to 5 April, 15 to 19 April and 6 to 10 May 2019.
FRED GOEIEMAN
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