WINDHOEK – The continued bickering between the state and the defense in the murder trial of the two American citizen’s accused of murder showed no sign of becoming less vigorous.
One of the issues being contested was the fact the state did not disclose the list of witnesses it will use during the trial to the defense, causing Judge Christi Liebenberg to make a special plea to Deputy Prosecutor General, Antonia Verhoef to make this list available to the defence.
Verhoef’s excuse at the time was that she is afraid the accused, Marcus Thomas, 31 and Kevan Townsend, 30 will interfere with state witnesses if they knew the identities beforehand.
A compromise was then reached that Verhoef will make the identities known to the defense, Werner van Rensburg for Thomas and Boris “The Mouth” Isaacks for Townsend, at least two days before they are to testify.
Another bone of contention between the warring parties is the issue of the accused person’s availability for consultation. Van Rensburg complained bitterly that he encounters difficulty to consult with his client.
This worsened with Thomas’ botched escape.
Van Rensburg told Judge Liebenberg when he went to the Windhoek Correctional Facility – previously Windhoek Central Prison – he was frustrated in his attempt to see his client.
Van Rensburg went as far as accusing the investigation officer, Chief Inspector Barry de Klerk of deliberately frustrating his attempts to consult with Thomas.
Verhoef of her part said Thomas was hospitalised after he complained of body pain after he was caught on the mesh wire on the prison fence that caused deep cuts and lacerations.
The prosecutor told the judge Thomas underwent a CAT scan, which showed the cuts he suffered were worse than originally suspected. He was taken to Katutura State Hospital where a specialist surgeon was examining him, she said and further said the surgeon will provide the state with a detailed medical report on his condition.
She asked the court for a postponement to allow the doctor to do his work and indicated the trial might start today (Thursday) depending on Thomas’ medical condition.
Boris Isaacks was also on the warpath as he also blatantly accused De Klerk of sabotage.
He said De Klerk instructed the prison authorities not to allow him and Van Rensburg to consult Thomas, apparently citing an internal investigation on how Thomas managed to get so far as he did.
Thomas was caught near the main gate of the prison walking towards the gate.
He said that he is ready to proceed, but that there are certain issues that pertain to his client that still need to be cleared up with Thomas.
Van Rensburg bemoaned the fact that privileged notes are allegedly in the hands of the police.
He told the court Townsend informed them that De Klerk and Warrant Officer Felix Ndokoma went into the single cell that housed Thomas and took the notes he left behind when he went for a walk-a-bout. Verhoef countered she was told the documents were found in the dustbin and only consisted of documents she disclosed to the defense.
Van Rensburg said he made some notes on the disclosed documents that contain privileged information and asked the court to compel the police officers to return the said documents.
Verhoef promised to see to it personally that the documents are returned to the defence.
The defense also wanted the court to order that De Klerk no longer be the one they have to approach for arrangements to see their clients, but that Verhoef should make the arrangements.
This, saying she does not have time to drive to the prison, make the arrangements and inform the defense accordingly did not amuse Verhoef.
“That is what the investigating officer is there for” she said.
Judge Liebenberg who seemed at his wits end with the shenanigans of the two parties then made a plea to them to try and accommodate each other to ensure the trial takes off.
The trial is now scheduled to start today provided that Thomas is fit to stand trial.
Thomas and Townsend are expected to plead to charges of murder, robbery with aggravating circumstances, three counts of contravening the Ammunitions Act and defeating or obstructing or attempting to defeat or obstruct the course of justice.