The trial of former Windhoek-based prosecutor, accused of illegally scrapping charges from the court system, could not proceed as scheduled in the regional court after one of the accused failed to show up.
Kennedy Thiongo Kasume was expected to be tried alongside former public prosecutor Anthony Wilson yesterday, but failed to appear in court.
Consequently, magistrate Alexis Diergaardt issued a warrant of arrest against him.
During court proceedings, Wilson’s defence lawyer Sisa Namandje withdrew from the case due to conflict of interest.
“I saw a piece of correspondence from Kadhila Amoomo when he was still with our firm and I foresee a big conflict that will prejudice my client,” explained Namandje.
The court postponed the matter to 2 March for the tracing of Kasume and for Wilson to acquire a new lawyer for the trial.
Wilson was expected to be tried on 10 charges that range from theft of a charge sheet, corruptly using his office for personal gain, fraud by misrepresenting the magistrate and corruptly using false documents.
Wilson’s co-accused Kasume was to be tried for conspiring with another person to commit the offence of using an office or position to obtain gratification.
The charges stem from February 2005 at the time when Wilson was a public prosecutor stationed at Windhoek Magistrate’s Court.
The prosecution is alleging Wilson used his position, having access to police criminal dockets, and stole a charge sheet.
Wilson then withdrew criminal charges levelled against Kasume.
In pretence, Wilson informed magistrate Vanessa Stanley in a court session that the complainant in Kasume’s case had written a letter of withdrawal, stating he wanted to have the charges against Kasume withdrawn.
It is alleged he did the same thing in the case of Alex Kagasheka, who had opened a case against Kasume.
If that was not enough, Wilson enticed the police to release Kasume’s motor vehicle that was repossessed by the police as an exhibit.
Using the same pretence, Wilson was allegedly able to have criminal proceedings of theft against Kasume discontinued by having the Namibian Police discontinue the docket with reasons it was a civil matter.