A State-funded lawyer has withdrawn his services in a case in which he was representing former Windhoek-based magistrate Hileni Kavara.
Julian Kavejandja informed the court yesterday that there are conflicting instructions and the two cannot agree on various issues.
Furthermore, the relationship between him and Kavara is irretrievable and he can no longer represent her.
Kavara is on trial on a charge of defeating or obstructing the course of justice, alternatively corruptly using office or position for gratification, which is an offence under the Anti-Corruption Act, and a count of corruptly using a false document.
The former magistrate informed the court she cannot continue to be represented by a lawyer who is sabotaging her case when he refused to use several authorities that she recommended to him – which she believes would be useful to the case.
“At the beginning, he told me that I should plead guilty and enter into a plea bargain with the state because the state’s case is strong. I don’t know where plea bargains are allowed in this country. That is why I told him that I will go to trial and plead not guilty. I am an innocent person till proven guilty,” explained Kavara, adding that Kavejandja is not following her instructions and does not understand what she wants to achieve with the case.
“He is acting like he is employed by the state to sabotage my case and get me convicted,” noted Kavara.
Kavara, who is now without a lawyer, indicated that she currently does not have funds to get a private lawyer but is willing to go back to legal aid.
However, she wanted it placed on record whomever legal aid would instruct will not follow in the footsteps of Kavejandja.
Magistrate Elvis Mwilima said before he can set another trial date, a representative from the Directorate of Legal Aid is needed to testify under oath if they will instruct a lawyer to represent Kavara.
It is alleged that Kavara dug her own grave in 2015 when she, at the time, intervened in her boyfriend’s case.
Kavara’s then-boyfriend Mohammed Shabani was facing a charge of dealing in cocaine.
During his bail application, Kavara took the stand and testified in his favour so that he may be granted bail.
Shabani’s bail request was later granted, of which Kavara forked out N$50 000 for his release.
After being granted bail, Shabani disappeared and failed to make his court appearance in November 2015, while the bail money was provisionally forfeited to the state and a warrant of arrest was issued against him.
Kavara then handed in an application to have her bail money returned to her after her boyfriend at the time became a fugitive from justice.
She allegedly later used her position as magistrate to alter the court records by making an entry on the court system, ordering the reinstatement of Shabani’s bail.
Kavara was suspended after an investigation by the ACC found her guilty of allegedly amending a case record and reinstated bail in the absence of a prosecutor and court interpreter.
Following her suspension, Kavara later resigned from her position as magistrate.
Kavara is currently free on bail of N$2 000.
The former magistrate also has another case before Rundu Magistrate’s Court, where she is facing a count of crimen injuria. It is alleged that she called her neighbour a ‘witch’.
In this case, she is on bail of N$800.