Murder trial to start afresh  …Accused demands procedural compliance

Murder trial to start afresh  …Accused demands procedural compliance

Iuze Mukube

The trial of a former security guard accused of allegedly murdering his colleague and robbing N$1.2 million from a cash-in-transit vehicle has begun afresh.

This is following the reallocation of the matter to a new judge, Eileen Rakow, after the previous judge, Claudia Claasen, recused herself from the matter last year.

The recusal followed a mental evaluation report, which Claasen alleged had information that she must not have been privy to, which could compromise the bias and impartiality of the court.

The accused, Theodor Shipanga, faces  charges including murder, robbery with aggravating circumstances and defeating or obstructing the course of justice.

Before the matter even commenced yesterday, a seemingly agitated Shipanga told the court he would be raising an objection regarding the legality and conduct of his psychiatric reports.

This is following the accused’s indication that while he was unaware the trial would begin afresh and had no issues with other aspects, he was, however, deeply concerned in the way his mental evaluation was conducted.

Shipanga claimed that the report was done unprocedurally, as prior to being taken to the psychiatric, he was beaten while in custody and on the way.

He stated that at the time of the evaluation, he was emotionally confused, sleepless and detained there without a committal while also in custody on false charges and a case without a warning statement.

He claimed that his beating was on the instructions of Judge Claasen and that she had ordered a trial without charges and a case being registered against him.

Judge Rakow advised the accused on shouting and not following protocol, however, objecting, Shipanga told the court that he would not calm down while his rights were being violated.

Even when the judge told him that some of those questions would and should be raised during trial, he stated he could not proceed on an illegality.

Singing the same tune, during the continuation yesterday, where his reply to the State’s pre-trial memorandum and his plea were taken, Shipanga literally remained silent and was adamant that he would not continue until the “mistake” on his CR number was addressed.

He stated he had two dockets, as the documents had different case registration numbers.

Even when told by the State that it could be a spelling error, the accused, bowing and shaking his head from side to side, said in a disbelieving tone, “Mistake? How many days did I spend in jail for a mistake?”

On his reply to the pre-trial memorandum, the accused, while mostly choosing to literally remain silent on questions, was adamant that he had no knowledge of the allegations against him as he was not at the crime scene. During his plea being taken, the accused similarly said and did the same. He further stated that he rejected the two psychiatric reports dated September 2025 and March 2026.

“I am not disputing the findings; I just want to be treated fairly, to be sure that my health is normal and that I can understand and follow the proceedings,” said the accused.

“I just want the State to comply with the Constitution, as well as the Criminal Procedure Act, to furnish me the whole docket, and then you can properly examine me,” he said.

The matter was postponed to 8 June 2026 for continuation of trial.

The State is alleging that Shipanga murdered a fellow employee of a security company, Shain van Wyk (22), between Otjiwarongo and Okahandja on 11 November 2011 by shooting him in the head with a shotgun while transporting a cash-in-transit vehicle back to Windhoek with cash collected at banks in northern Namibia and Otjiwarongo.

It is alleged that Shipanga stole at least N$2.5 million and the cash-in-transit vehicle in which they were travelling.

The State is represented by Anna Amukugo, and Shipanga is conducting his own defence. – mukubeiuze@gmail.com