Windhoek
American murder-accused, Kevan Townsend, yesterday informed the court that he no longer wants the services of lawyer Josua Kaumbi and that he has informed the Directorate of Legal Aid accordingly.
This happened during a case management conference to find out the status of the court-ordered neuropsychiatric assessment of his co-accused Marcus Thomas, previously diagnosed with a neurocognitive disorder, apparently caused by a fall he suffered during a failed escape attempt in November 2014.
Townsend said he had lost confidence in Kaumbi, as he was not “professional and does not take the matter seriously.” Kaumbi in turn informed the court he was informed by legal aid that Townsend requested his removal from the case and for a specified lawyer to be appointed to Townsend.
He asked the judge to allow him to withdraw from the case to make way for a new and as yet unnamed lawyer. He further informed the court and Deputy Prosecutor General Antonia Verhoef, who represents the State, that he already handed over the court documents in his possession to the Legal Aid directorate.
This is not the first lawyer Townsend has dismissed for so-called non-performance. On his list of casualties are local legal eagle Boris “The Mouth” Isaacks, who withdrew after Townsend complained he too was not serious about his client’s conditions in detention. Townsend complained that he is kept in a single cell for 23 hours a day with only an hour in the yard.
At the time Judge Liebenberg said that he cannot dictate to the prison authorities how to do their job, unless a civil case is lodged in this regard. Townsend further informed the judge that a lawyer of his choice has already been appointed by legal aid, but that he does not have written confirmation as yet.
Judge Liebenberg approved Kaumbi’s withdrawal and told Townsend to make sure that his new lawyer is present when their case resumes on October 16, and warned him that he might end up without legal representation if he keeps on chopping and changing lawyers.
In the case of Thomas, the judge was informed the psychiatric unit is still busy compiling a team, as ordered by the judge, and further told the court that there was the matter of the cost of the team to be clarified. At the moment it is not clear if the Ministry of Health and Social Services, or the Ministry of Justice, will foot the bill for the team of experts, including a neuro-psychiatrist to be brought in from beyond the borders of Namibia.
Townsend and Thomas are accused of killing Andre Heckmair with a single gunshot to the back of the head on January 7, 2011, at Gusinde Street in Windhoek and robbing 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 burned, destroyed or otherwise disposed of some of the pages in the book.
Thomas is represented by Monty Karuaihe.