The report pertaining to a man who was referred for psychiatric observation mero mutu (on his own accord) by Windhoek High Court Judge Claudia Claasen, after repeated outbursts in Court, is still not available, State advocate Anna Amukugo informed the judge yesterday.
As a result, the judge postponed the matter to 8 August, to allow time for the report to be made available.
The judge referred Theodore Shipanga (48) for mental observation after he repeatedly shouted in court that he does not know why he is in custody and in court and refused to plead to charges of murder, robbery and defeating the course of justice.
Shipanga told Judge Claasen he could not plead to the charges, as he knew nothing about the whole ordeal. He was arrested 12 years after the murder and robbery that occurred on 11 November 2011. The accused was initially charged alongside four accomplices.
However, the prosecutor general (PG) declined to continue prosecuting the other accused in the matter in which guards in a security company’s vehicle were robbed of more N$1 million, and wherein one of them was killed.
The charges against Shipanga and his alleged accomplices were withdrawn in May 2014, after the PG’s decision on how to proceed with the matter was unavailable after several postponements. After the withdrawal of the matter, the PG decided last year to only arraign Shipanga on the charges, as the charges against the other accused could not be sustained.
They were implicated in the theft of N$1.2 million, which Shipanga, according to the allegations, stole from the vehicle after shooting his colleague dead before setting the van alight.
The incident happened on 11 November 2011, when Theodore and his 22-year-old colleague Shain van Wyk were allegedly on their way back to Windhoek after collecting money in the northern regions.
Van Wyk was fatally shot in the head. It is alleged by the State that Shipanga buried the cash in a pot at the residence of his siblings. The police later found Van Wyk’s body under a bridge, 64 kilometres south of Otjiwarongo. Theodore allegedly discarded the body under the bridge along the Otjiwarongo-Okahandja road and made off with the money.
He is not represented, after several defence lawyers withdrew their services because of his refusal to cooperate. After his refusal to plead, Judge Claasen entered a plea of not guilty on his behalf. He remains under guard at the Windhoek Psychiatric Hospital.