WINDHOEK – Marinus Scholtz, the legal representative of Wencel Gawanab, the young Omaruru resident facing a charge of murder in the Windhoek High Court yesterday lodged an application to withdraw as the defence counsel citing “a lack of funds”.
At the supposed start of the case, Scholtz released the bombshell, but informed Judge Nate Ndauendapo that he remains willing to defend Gawanab should the Department of Legal Aid consent to pay his legal fees. According to Scholtz his fees were being paid by Gawanab’s mother, but she fell into arrears and could no longer afford his services.
Scholtz gave Judge Ndauendapo a lengthy motivation for his withdrawal application, also indicating that he found it difficult to agree on a defence strategy with his client.
According to Scholtz it seems as if Gawanab wants to leave his defence in the hands of his mother and and does not want to take any responsibility for the matter.
Gawanab is appearing on a charge of murder in connection with the death of Quintus Lewellyn Reginald Gaingob in the Omaruru state hospital on November 6, 2010. Gaingob died as a result of multiple stab wounds alleged to have been caused by Gawanab.
It is alleged in the indictment that during the late night hours of Sunday, October 31 2010 or the early morning hours of Monday 1 November at a shebeen in the Hakahana location of Omaruru, Gawanab stabbed Gaingob at least nine times in his head and over his body. The victim was admitted to the Omaruru hospital where he succumbed to his injuries on Saturday, November 6, 2010.
Gawanab did admit that he stabbed the deceased, but denied that he had any intention to kill him.
He was granted bail in the amount of N$1 000 three days after the incident.
Scholtz yesterday told the judge that he wished to call an independent pathologist to testify on his client’s behalf, but that it costs money and he ran out of funds already in July last year.
According to him, the accused’s mother who was only identified as Ms Uri-Khos is a teacher and part-time farmer and used the income from her farming activities to cover his legal fees, but the severe drought has impacted heavily on her income.
He asked the court for a postponement in order to allow Gawanab to apply for legal aid and possibly retain his services on the ticket of legal aid.
Judge Ndauendapo agreed and remanded the matter to Friday, January 10.
Gawanab remains free on bail after Judge Ndauendapo dismissed an earlier application by State Advocate Ingrid Husselmann to have his bail cancelled.
By Roland Routh