WINDHOEK – Vetu Uanivi, the State-funded lawyer of murder accused, Kevan Townsend, has withdrawn from the case, Judge Christi Liebenberg was told yesterday.
Mbandja Siyumundji who stood in for Uanivi told the judge that Uanivi was in fact fired for advising his client contrary to what Townsend had wanted.
Townsend confirmed this to the judge and said he has already instructed another lawyer, Boris ‘The Mouth’ Isaacs, to represent him.
Isaacs confirmed the instruction and told Judge Liebenberg he would approach the legal aid directorate for them to transfer the case to him.
He however had some problems with the dates set down for the trial as he has other matters in various courts on those dates.
Judge Liebenberg as well as the State, represented by Advocate Antonia Verhoef, however had serious issues with that, questioning the acceptance of the instruction by Isaacs if he was not available.
Verhoef told the court that should legal aid confirm Isaacs as Townsend’s legal eagle, he must avail himself on the dates set down. She said that High Court cases takes preference over lower court cases.
Isaacs was however quick to say that while it may be so that the High Court trumps lower courts in importance, his other clients also deserve his expertise.
Judge Liebenberg warned Isaacs that should the case be postponed it could take another year for it to get started as his roll was fully booked to at least June next year.
It was eventually decided that Isaacs and Verhoef together with Werner van Rensburg who is representing the main accused in the trial, Marcus Thomas, would meet in the judge’s chambers to hammer out the details.
Townsend was adamant he wanted Isaacs as his trial lawyer, which was accepted by Judge Liebenberg.
Van Rensburg too had complaints to share with the judge.
One of his main issues was that Thomas, who is paying for his defence out of his own pocket, was struggling to contact his family and friends in the United States of America to arrange for the finances. He asked the court to direct the police to allow Thomas to make phone calls or in the alternative to allow Thomas to visit their offices to make his arrangements. He also said he was prepared to avail his cellular phone for his client to make the arrangements.
Judge Liebenberg said he could not make an order for the police to allow Thomas to make overseas calls on their expense, but he urged the prosecutor general to facilitate such arrangements.
Another of Van Rensburg’s complaints was that he did not receive the witness list from the prosecution for him to plan his defence strategy.
He said while his client would plead not guilty to the murder charge, there was the possibility of a plea bargain, but the State was not willing to listen, adamant to pursue the murder charge.
Van Rensburg did not elaborate on what the alternative plea could be. The matter has now been postponed to 24 September for Isaacs to secure his legal aid appointment and for the State, defence and the court to decide on the trial dates.
Thomas and Townsend are facing one count of murder, one count of robbery with aggravating circumstances, three counts of contravening the Ammunitions Act and one count of defeating or obstructing or attempting to defeat or obstruct the course of justice.
The State alleges they killed Andre Heckmair, who was the son of the owners of the Cattle Baron Steak Ranch, by shooting him assassin-style in the back of his head on 7 January, 2011 at Gusinde Street in Windhoek and robbed him of his cellphone and wallet containing 100 Swiss Franc.
They also allegedly imported two 9mm pistol barrels without a permit and allegedly possessed a 7.65mm pistol and ammunition without a licence.
It is further alleged the accused removed a notebook from police custody after the police seized it as an exhibit and/or burned, destroyed or otherwise disposed of some of the pages in the book.