WINDHOEK – The Ministry of Justice Legal Aid Directorate has instructed former magistrate, turned defence lawyer, Jermaine Muchali to defend murder accused Panduleni Gotlieb in his murder trial in the Windhoek High Court at the Windhoek Correctional Facility before Judge Dinnah Usiku.
Gotlieb together with David Tashiya, 30, David Shekudja, 36, Elly Ndapuka Hinaivali, 30, and Malakia Shiweda, 29, was supposed to plead to charges of murder, attempted murder, conspiracy to commit housebreaking with the intent to rob and robbery with aggravating circumstances, housebreaking with the intent to rob and robbery with aggravating circumstances and two counts of unlawful possession of a firearm and ammunition.
Muchali was appointed after Titus Mbaeva withdrew from the matter citing a misunderstanding between him and Gotlieb, 32, about an instruction that was not carried out.
Mbaeva told the court that while consulting with Gotlieb he came across an application by Gotlieb for further particulars dated August 02, 2019 in his (Gotlieb’s) papers while he had already filed such application when he first took over the case which was dismissed.
He said that that they could not agree on how to proceed with the defence.
Judge Usiku warned Gotlieb again that she will not tolerate any shenanigans to delay the trial.
The matter was postponed to September 10 for Muchali to consult with Gotlieb and familiarise himself with the matter and for determination of the way forward.
Gotlieb is the main accused who allegedly shot Walvis Bay businessman Captain Hans-Jorg Möller during a daring robbery when he came to the defence of his wife and children during the early hours of June 17, 2016.
According to the charge sheet, the accused planned during June 2016 to break and enter into the residence of the Möller family and to rob money and other valuable items from them armed with knives, firearms and other dangerous weapons.
During the late night hours of Thursday, June 16 or the early morning hours of June 17, 2016 while the family was asleep, the five accused broke open a door and entered the house while wielding a pistol and other weapons and demanded money from Carol-Ann who went to investigate a noise she heard, the indictment reads.
When the deceased tried to come to the assistance of his wife, Panduleni shot him in the stomach and the accused continued to assault Carol-Ann while demanding money, it is alleged. They then ransacked the house in search of money and other valuables whereafter they fled the scene with the stolen items, it is charged. Möller was taken to hospital where he succumbed the next day to the injuries he sustained due to the gunshot.
According to the state, the five accused acted with a common purpose.
The items stolen from the Möller family included seven cellphones valued at N$47 300, one laptop valued at N$18 500, one I-pad worth N$3 500, the deceased’s wallet with various documents valued at N$1 200, one digital photo frame worth N$2 500, an unknown amount of foreign currency in Euros, British Pounds, US Dollars, Zambian Kwacha, Zimbabwean Dollar and Botswana Pula. Also taken were N$8 200, a black laptop bag worth N$300, one black backpack worth N$350, one Canon EOS 600 D camera and large lens valued at N$18 000, bedside clock with alarm valued at N$2 300, jewellery worth N$56 000, three knives valued at N$4 800 and N$11 400 in envelopes meant for commissions.