The trial of double murder accused Ernst Lichtenstrasser was postponed yet again yesterday because of new evidence that came to light. His legal aid lawyer Albert Titus applied for a postponement to today to acquaint himself with the new evidence..
However, it was during Tuesday’s session that Inspector Reinhardt Maletzky a senior police officer attached to the Serious Crime Unit of the Namibian Police made an explosive revelation in court.
He testified Lichtenstrasser told him during an interview at the Arandis police station in April 2019 that he was happy Eckhardt Mueller, who was the executive director at the time, and his deputy Heinz Heimo Hellwig, were gunned down at the entrance of the Arandis NIMT offices on 15 April 2019.
He said Lichtenstrasser admitted he was the shooter in the murders of the two senior executives of the NIMT institute.
“I was the shooter,” Lichtenstrasser told him shortly before he said he wants to tell them the truth but will withhold it until he consults his lawyer, Maletzky told Windhoek High Court Judge Christie Liebenberg.
He said they then stopped the interview and allowed Lichtenstrasser to call his lawyer, the late Titus Mbaeva, who arrived a few hours later.
When he informed the judge they did not have any further conversations with Lichtenstrasser while waiting for his lawyer to arrive, Lichtenstrasser gave a derisive snort from the accused bench.
The officer further told the judge that after Lichtenstrasser consulted with his legal representative, he informed them he was advised not to say anything further, and the interview was abandoned.
However, during a subsequent interview, where they confronted Lichtenstrasser about new evidence uncovered, the accused was willing to talk to them even after he was advised of his right not to incriminate himself and the right to legal representation.
Maletzky said the police have the prerogative to re-interrogate a suspect if new evidence was uncovered, and they will read such suspect his rights again – and he will have to indicate whether he wants legal representation.
At this stage, Albert Titus, the legal aid lawyer of Lichtenstrasser, objected and said his client had already indicated he wants a legal representative present when interviewed, and that he was interviewed without a legal representative, which makes the remarks at the second interview inadmissible.
The judge then declared a trial within a trial to determine the admissibility of the evidence.
Maletzky said the new evidence they wanted to interview Lichtenstrasser about were the forensic evidence that showed the cartridges found at various scenes were fired from the same firearm.
Cartridges found at the murder scene at NIMT, the ones at the shooting range, where Lichtenstrasser said he was shooting two days before the murders, as well as the cartridges found at his house in Otavi were fired from the same firearm.
The judge will make a ruling on the admissibility of statements Lichtenstrasser made during the interview on these aspects.
Lichtenstrasser pleaded not guilty to two counts of murder, two counts of possessing a firearm without a licence and further charges of possessing ammunition without a licence, defeating or obstructing the course of justice, theft and the unauthorised supply of a firearm and ammunition at the start of his trial.
Lichtenstrasser remains in custody.
rrouth@nepc.com.na