Thomas' lawyer withdraws again
A lawyer representing one of the two Americans accused of murdering Cattle Baron heir Andre Heckmair in 2011, has withdrawn from the case, citing conflict of interest.
Kadhila Amoomo told the court yesterday he is representing Ashley Hendricks, one of the state witnesses in the trial of his now former client Marcus Thomas, who is in the dock for Heckmair's murder along with Kevin Donnell Townsend.
Amoomo said he is representing Hendricks in another case before the Katutura Magistrate's Court.
“For ethical reasons I cannot under such circumstances act in the trial, otherwise it will be a conflict of interest,” Amoomo said. Judge Christie Liebenberg postponed the matter until today to allow the directorate of legal aid to appoint another lawyer for Thomas. Last year both accused petitioned the Supreme Court to have Liebenberg recused from the case because of alleged bias. The petition was lodged after Liebenberg dismissed the application in the High Court to recuse himself. The accused have now managed to stall his trial for about six years. Thomas and Townsend are on trial for allegedly killing Heckmair on 7 January 2011 in Gusinde Street in Windhoek.
They are further accused of robbery with aggravating circumstances, three counts of contravening the Ammunitions Act and one count of defeating or obstructing or attempting to defeat or obstruct the course of justice. Amoomo had previously argued the recusal matter be heard in the Supreme Court to ensure the finality of the issue. He had wanted the trial to start afresh if the recusal application was successful.
He was of the opinion the psychiatrists' reports, which found Thomas fit to stand trial, did not mention the accused had indeed carried out the murder, whereas Judge Liebenberg allegedly already concluded he was indeed the killer.
“We submit that another court will come to a different conclusion because there is a reasonable prospect of success on appeal. We maintain that the ruling of the honourable court creates a reasonable apprehension of bias to a reasonable and informed accused person,” Amoomo had argued at the time.
The state, led by deputy prosecutor-general Antonia Verhoef, argued the basis of the recusal application was not reasonable.
“There is no evidence that led to a conclusion that Thomas had committed the acts imposed in the indictment,” she maintained.
FRED GOEIEMAN
Kadhila Amoomo told the court yesterday he is representing Ashley Hendricks, one of the state witnesses in the trial of his now former client Marcus Thomas, who is in the dock for Heckmair's murder along with Kevin Donnell Townsend.
Amoomo said he is representing Hendricks in another case before the Katutura Magistrate's Court.
“For ethical reasons I cannot under such circumstances act in the trial, otherwise it will be a conflict of interest,” Amoomo said. Judge Christie Liebenberg postponed the matter until today to allow the directorate of legal aid to appoint another lawyer for Thomas. Last year both accused petitioned the Supreme Court to have Liebenberg recused from the case because of alleged bias. The petition was lodged after Liebenberg dismissed the application in the High Court to recuse himself. The accused have now managed to stall his trial for about six years. Thomas and Townsend are on trial for allegedly killing Heckmair on 7 January 2011 in Gusinde Street in Windhoek.
They are further accused of robbery with aggravating circumstances, three counts of contravening the Ammunitions Act and one count of defeating or obstructing or attempting to defeat or obstruct the course of justice. Amoomo had previously argued the recusal matter be heard in the Supreme Court to ensure the finality of the issue. He had wanted the trial to start afresh if the recusal application was successful.
He was of the opinion the psychiatrists' reports, which found Thomas fit to stand trial, did not mention the accused had indeed carried out the murder, whereas Judge Liebenberg allegedly already concluded he was indeed the killer.
“We submit that another court will come to a different conclusion because there is a reasonable prospect of success on appeal. We maintain that the ruling of the honourable court creates a reasonable apprehension of bias to a reasonable and informed accused person,” Amoomo had argued at the time.
The state, led by deputy prosecutor-general Antonia Verhoef, argued the basis of the recusal application was not reasonable.
“There is no evidence that led to a conclusion that Thomas had committed the acts imposed in the indictment,” she maintained.
FRED GOEIEMAN
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