WINDHOEK – Murder and robbery suspects Johannes Khoaseb (48) and Constans Swartbooi (39) could wait for more than a year before their case resumes in the Windhoek High Court if plans by their respective state-funded lawyers to get them released on bail fail.
After Deputy Prosecutor General Antonia Verhoef told Judge Alfred Siboleka that the State is recommending that the case be resent to Judge President Petrus Damaseb for pre-trial, both defence counsels, Willem Visser and Winnie Christiaans, complained that should that happen their clients would be trial-awaiting prisoners for more than four years while the State gets its house in order.
Both defence counsels were in concert that due to the high court backlog it could take another year and a half for their clients to get a court date and that does not constitute their clients’ constitutional right to a speedy trial.
Judge Siboleka granted the State’s request and referred the matter back to Judge President Damaseb on January 23. Both Visser who appeared on behalf of Khoaseb and Christiaans on behalf of Swartbooi indicated that they would bring a formal bail application in early January next year.
The main suspect in the murder and robbery trial, 29-year-old Paulus Mwengo, is still at large after he escaped from police custody in Karibib during mid-2010.
Verhoef yesterday said the police assured her they have various leads and expect to re-arrest Mwengo sooner rather than later.
Both defence counsels for the two accused at an earlier court appearance said that it is grossly unfair for their clients to be locked up year after year while the police are out hunting for Mwengo and indicated that they would have preferred that their trial be separated from Mwengo’s.
Verhoef however said that should there be a separation of trials, the two accused could easily put all the blame on the escapee.
Mwengo, Khoaseb and Swartbooi are accused of the attack on the 89-year old Charlotte Jooste and her employee, Selma Kavari, during an armed robbery at the farm Riksburg in the Karibib district on November 7, 2009.
Jooste, who was assaulted during the robbery, later succumbed to her injuries in the Roman Catholic Hospital in Windhoek.
The three accused faces charges of murder, attempted murder, alternatively contravening Section 38(1)(I) read with Sections 1, 10, 38 and 39 of the Arms and Ammunitions Act, 7 of 1996, negligent discharge or handling of a firearm, robbery with aggravating circumstances, possession of a firearm without a licence and possession of ammunition.
The indictment reads the accused unlawfully and intentionally killed Jooste by hitting and/or kicking her with the result that she died from the injuries sustained and that they unlawfully and intentionally attempted to kill Johannes Hamutenya by firing shots at him.
It is further alleged they stole from Jooste and Kavari through force a pair of socks, a pair of shoes, an unknown amount of tobacco and some corn.
According to the charge sheet, the accused entered the farm Riksburg near Karibib armed with a loaded rifle, a loaded pistol and knives. It is stated that at or near the main residence they encountered Kavari and the deceased and assaulted them demanding the keys to the safe.
It is further alleged that when Hamutenya investigated the commotion the accused fired at him with the rifle and/or pistol.
They then ransacked the residence and stole the items listed.
The State alleges that all three suspects acted with a common purpose at all times.
By Roland Routh