The matter in which Chinese businessman Hou Xuecheng and his Namibian co-accused Hamutenja Hamutenya were summoned to appear on a count of dealing in controlled wildlife products from 2014, was put on hold again on Wednesday.
This time, it is to allow Xuecheng, who is no stranger to the law, the opportunity to raise funds to pay for his lawyer, Kadhila Amoomo.
The matter was already struck from the court roll on several occasions because the PG did not have her ducks in a row, and then re-enrolled.
Both accused persons are free on a warning after their case was struck and their bail money returned to them.
Amoomo applied for the postponement on Wednesday, and informed Magistrate Linus Samunzala that his client needed at least two months to sort out his financial issues and place him in funds to proceed with the trial. He told the magistrate that Xuecheng had to go through two “full-blown” bail applications last year and early this year, which depleted him financially.
Amoomo said his client was in custody for almost the whole of December.
He only got bail on 28 December last year, and was again arrested on 11 January this year.
He was released only on bail at the end of February.
Both matters were for different alleged offences, and involved other lawyers.
Milton Engelbrecht, who represents Hamutenya on instructions of Legal Aid, said he has no issue for the matter to be postponed, allowing Xuecheng the opportunity to sort out his financial woes, although he is ready to proceed.
Magistrate Samunzala granted the postponement, albeit not for the two months requested.
He said the accused has the right to be represented by a lawyer of his choice.
He added that it appears that the accused is currently fighting legal battles on several fronts and is not in the position to raise funds now, but will be able to in due time.
Samunzala noted that it will be in the interest of justice to allow Xuecheng a short remand so that he can get his house in order.
He then postponed the matter to 28 April.
Hou (48), fellow Chinese citizen Sha Zhiwei, Indian national Rajaiyah Kumar and Hamutenya were arrested in June 2014 after they were allegedly caught dealing in ivory in Windhoek.
Another Namibian, George Mashala, was arrested on the same charge at the end of July 2014, but was later discharged.
The warrants of arrest for Sha and Kumar, which were issued in July 2016 after they absconded, were extended.
They both vanished after being granted bail of N$20 000 each. The State had charged all five of the accused with one count based on an allegation that they dealt in four elephant tusks with a combined weight of 54 kilogrammes, valued at N$598 000, in Windhoek on 11 June 2014.
Hou, Kumar and Sha are also charged with two counts of possessing controlled wildlife products without a permit.
In respect of those charges, the prosecution is alleging that the three men were in possession of a cheetah skin and a leopard skin in Windhoek on 12 June 2014 without having the required permits to possess the skins.
It further alleges that they also had seven zebra skins, a pangolin skin and a stuffed leopard head in their possession at China Town in Windhoek on 11 October 2014 without having permits to possess those wildlife products.