Windhoek High Court judge Christi Liebenberg yesterday slammed the lawyer of one of the two American citizens accused of the assassin-like murder of Namibian André Heckmair in Windhoek on 7 January 2011 for his conduct.

“In my 39 years on the bench, I have never encountered such incomprehensible conduct from an officer of the court,” Judge Liebenberg told Salomon Kanyemba after the latter stated that he had not consulted with his client on his personal circumstances in preparation for pre-sentencing procedures. The lawyer was at pains to explain to the judge why he did not even know the age of Marcus Thomas. While Kanyemba at first said Thomas would not be testifying in mitigation, he changed his mind after the judge gave him an opportunity to consult with his client. 

After the brief, he told the judge that Thomas requested a postponement until today as he wishes to put some facts about his health on record, and substantiate it with documentary proof. 

The judge agreed to the postponement.

Kanyemba and Mbanga Siyomunji, who represent Kevan Townsend, earlier made an application for leave to bring an application to have a special entry into the record on illegalities or irregularities that occurred during the trial. It was dismissed by the judge.

Liebenberg said the application is a further delaying tactic by the defence, and nowhere prior to this day did the accused hint at such an intention. 

The mother of the deceased, Birgit Heckmair, testified in aggravation of sentence today. She told the court that she, her husband and daughter are still traumatised by the murder of Andrè. 

“We have never made peace with the brutal manner in which our son was killed,” she said, adding that they would just like to know if there was a reason why he was killed. 

Judge Liebenberg convicted Thomas and Townsend of murder with direct intent on 6 September and found that they acted with a common purpose.

While there was no direct evidence that linked the accused to the murder and robbery, the circumstantial evidence in its totality is overwhelming, the judge noted. 

Thomas and Townsend faced six counts, including one count of murder, one count of robbery with aggravating circumstances, three counts of contravening the Arms and Ammunition Act, and one count of defeating or attempting to defeat the course of justice. In the end, the judge convicted both on the murder and robbery charge, Thomas on the importing of a firearm count, Townsend guilty on the possession of a firearm charge in relation to the gun barrels, both guilty on the possession of firearms and ammunition charge, and Thomas guilty on the attempting to defeat or obstruct the course of justice charge.

Both had opted not to testify in their own defence after the State closed its case, but applied for a discharge in terms of Section 174  of the Criminal Procedure Act. The application was dismissed by Judge Liebenberg. 

The State is represented by Deputy Prosecutor General Antonia Verhoef.

- rrouth@nepc.com.na

Pic: Americans

Caption: Guilty…Marcus Thomas and Kevan Townsend.

Photo: Roland Routh