Murder accused, Johannes Iikwiyu, yesterday fired his Legal Aid instructed lawyer Joseph Andreas, for conflicting instructions just after the lawyer confirmed his not guilty plea.
Iikwiyu told Windhoek High Court Judge Philanda Christiaan that he no longer wants the services of Andreas, as the latter is not “invested” in his defence. He wanted the lawyer to get hold of court orders from his magistrate’s court appearances that ordered him to appear in the High Court. However, State Advocate Maria Shilongo told the magistrate that there was nothing untoward as the matter was originally transferred to the Regional Court, where it was provisionally withdrawn after investigations were not completed. When it was reinstated, the prosecutor general decided to transfer it to the High Court. Iikwiyu, however, was not satisfied and informed Judge Christiaan that he is not satisfied, with the service of Andreas, and would like to apply to Legal Aid for a new legal representative. The judge warned him in no uncertain terms that this will be the last opportunity he will be allowed to apply for Legal Aid. She reiterated the sentiments of retired judge Christi Liebenberg that although Legal Aid is a right under the Constitution, it is not an absolute right. The judge, however, gave Iikwiyu a few minutes to consult with Andreas to see if they could iron out their differences, but he was adamant that he wanted another lawyer who would follow his instructions. Judge Christiaan then removed the matter from the active court roll, and placed it back on the review roll as a new lawyer must still be instructed and get familiar with the docket. She postponed the matter to her review roll for 28 January next year.
Iikwiyu is accused of murder, malicious damage to property and defeating, obstructing or attempting to defeat or obstruct the course of justice. It is alleged by the State that he killed Erasmus Mukwiilongo (30) by stabbing him 23 times during the morning hours of 13 September 2020 in the capital’s Havana informal settlement.
According to the indictment, he and the deceased were involved in an argument, which culminated in a physical fight, and they were separated by bystanders. Iikwiyu then allegedly took out a knife, and proceeded to stab Mukwiilongo to death on the spot, and vowed to stab anyone who would be coming to him to try and stop him. The accused then proceeded to slash the tyres of the deceased’s car whereafter he fled the scene and got rid of the knife, to frustrate investigations into the death of the deceased and the damage to his car.
After Shilongo read out the charges yesterday morning, Iikwiyu pleaded not guilty. Andreas, who was then still on record for him, confirmed the plea, and told the judge that Iikwiyu claims that he acted in self-defence when he stabbed the deceased.
He remains in custody. He was granted bail of N$3 000 by Magistrate Alweendo Venatius after a year and three months in custody but was re-arrested after the PG decided to arraign him.