Customize Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorized as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site. ... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

No cookies to display.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

No cookies to display.

Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

No cookies to display.

Americans’ lawyers question rights’ infringements

Home Crime and Courts Americans’ lawyers question rights’ infringements
Americans’ lawyers question rights’ infringements

The defence counsel of two American citizens accused of the assassin-like murder of Andre Heckmair in Windhoek in January 2011 questioned what they called the total demolition of the Constitutional rights of their clients.

During the cross-examination of inspector Joseph Ndokosho, it came to light that the legal rights of Marcus Thomas and Kevan Townsend were not explained to them, but that Thomas apparently told the officers who arrested him “I am an American, I know my rights, and I’m not talking without a lawyer.”

Salomon Kanyemba and Mbanga Siyomunji, on behalf of Thomas and Townsend, respectively, further questioned why their clients were only charged with the murder nine days after they were first arrested.

The law says that a person must be charged within 48 hours of being arrested. The officer was at pains to explain that the duo was initially arrested on a possession of cannabis charge, and only charged with the murder while in custody on the cannabis charge. The lawyers, however, said that those were lies, and that their instructions are that their clients were interrogated about the murder before they were charged as such.

Judge Christi Liebenberg, who is presiding over the matter, already declared part of the search of the room at the guesthouse admissible and another part inadmissible after a mini-trial on the legality of the search at the guesthouse where the accused were staying when they were arrested, particularly on the items that were seized. 

Thomas and Townsend are facing one count of murder, one count of robbery with aggravating circumstances, three counts of contravening the Ammunitions Act, and one count of defeating or obstructing or attempting to defeat or obstruct the course of justice. The State alleges that they killed Heckmair, who is the son of the owners of the Cattle Baron Steak Ranch, by shooting him in his head on 7 January 2011 at Gusinde Street in Windhoek. It is further alleged that they robbed Heckmair of his cellphone and wallet containing 100 Swiss Franc, and that they imported two 9mm pistol barrels without a permit, or alternatively were in possession of the 9mm barrels without a licence, as well possessing a 7.65mm pistol and ammunition without a licence. It is further alleged that they removed a notebook from police custody after the police seized it as an exhibit and/or burned, destroyed or otherwise disposed of some of the pages in the book with the aim to defeat or obstruct the course of justice. The trial is continuing, and the accused persons are in custody at the trial-awaiting section of the Windhoek Correctional Facility.

-rrouth@nepc.com.na