A failure to adequately pay his legal team caused a Windhoek resident, who is accused of raping his biological daughter several times and forcing her to abort the foetus, to lose his legal aid lawyer and an advocate he instructed to defend him during the last stretch of his trial.

On Monday, lawyer Jermaine Muchali and advocate James Diedericks informed Windhoek High Court Judge Claudia Claasen that the man, who may not be named to protect the identity of his alleged victim, failed to put them in funds – and as such, they cannot continue defending him. 

The man recently terminated the services of Muchali as his legal aid instructed lawyer, rehired him in a private capacity and instructed him to instruct an advocate to defend him.

Muchali then instructed Diedericks for his defence case after the State closed its case against him. 

However, after his failure to put Muchali and Diedericks in funds, they had to withdraw from the matter.

 The man already started to testify in his own defence before he instructed Diedericks, who was supposed to guide him through the last of his testimony.  

He was recently released from custody after successfully overturning a conviction of robbery in the High Court. 

He is currently on warning on the rape case after the magistrate’s court struck his matter from the roll for a lack of prosecutor general decision. 

The State, however, later got their ducks in a row and resummoned him to stand trial after the PG decided he must stand trial in the High Court. 

The man informed Windhoek High Court Judge Claudia Claasen, who is presiding over his rape and incest trial, that he is now able to afford private legal counsel – and as such, he wishes to terminate the services of legal aid but will retain the services of Muchali on a private basis and wish to instruct senior counsel on his behalf. 

Claasen granted him the request on Monday and yesterday Diedericks came on board. 

He asked the judge for an opportunity to acquaint himself with the matter, and Claasen agreed and remanded the matter to 18 July. 

Yesterday, he asked for more time to find legal representation and informed the judge that he has property in Angola he wants to sell to pay his legal fees. 

Judge Claasen granted his request and postponed the trial to 25 October. 

The man pleaded not guilty to several counts of rape, incest, sodomy and inducement of abortion before Judge Claasen at the start of his trial.

He is facing three counts of rape, alternatively incest, three counts of child trafficking and two counts of assault by threat. 

The State is alleging that the accused repeatedly raped his biological daughter, impregnated her and then forced her to have an abortion. 

The abortion allegedly took place when the victim accompanied him during one of his various trips to Angola between 2010 and 2011. 

The alleged rapes were also perpetrated while the victim accompanied the accused on his trips and once during a family holiday in Swakopmund. 

The judge dismissed a section 174 application by the accused to be released after the close of the State’s case, saying he has a case to answer.

After his arrest, the accused undertook a lengthy bail application, which eventually saw him being released on bail in July 2014. 

It was during his release from custody that he carried out a daylight robbery and was sentenced to 15 years imprisonment, of which five years were suspended, which was overturned on appeal.

During the bail application, it was alleged in court that he made his daughter his wife and the accused, himself, during cross-examination questioned whether the victim was his biological child. 

The prosecution is represented by Advocate Palmer Khumalo.

- rrouth@nepc.com.na