Windhoek
State witnesses, who testified in the longest running trial in Namibia’s legal history, will be subpoenaed by the Registrar of the High and Supreme Courts to appear before Judge Elton Hoff on November 2.
The witnesses in question gave testimony in which they may have incriminated themselves. The judge had warned them before the start of their testimonies that they may be liable for prosecution at the end of the trial, under the provisions of Section 204 of the Criminal Procedures Act.
According to the Act, whenever the prosecutor in criminal proceedings informs the court that any person called as a witness on behalf of the prosecution will be required to answer questions that may incriminate such witness with regard to an offence specified by the prosecutor, the court – if satisfied that such witness is otherwise a competent witness for the prosecution – may grant immunity from those crimes to which the testimony relates.
Such witnesses are expected to give evidence that may incriminate them. They would nevertheless be obliged to answer any question put to them, whether by the prosecution, the accused or the court, notwithstanding that the answer may incriminate them.
If in the opinion of the court such witness answers all questions put to them frankly and honestly, the witness shall, subject to the provisions of the Act, be discharged from prosecution for the offence specified by the prosecutor and for any offence in respect of which a verdict of guilty would be competent upon a charge relating to the specified offence. The court shall then cause such discharge to be entered on the record of the proceedings in question.
The duty to discharge such witness shall be of no legal force if it is given at preparatory examination proceedings and the witness concerned does not at any trial arising out of such preparatory examination, answer, in the opinion of the court, frankly and honestly all questions put to him, whether by the prosecution, the accused or the court.
The provisions of this subsection do not apply to a witness prosecuted for perjury arising from their evidence before court, or for a contravention of Section 319 (3) of the Criminal Procedure Act, 1955 (Act 56 of 1955).
For the reasons set out above the witnesses in the treason trial will be required to appear before court in order that their discharge from prosecution form part of the record.