It was a second no-show for lawyer Titus Mbaeva last week at the pretrial court appearance of Jeremia van Wyk, who confessed under oath to abducting and sexually violating a minor in 2019.
Windhoek High Court Judge Christie Liebenberg granted Van Wyk permission to approach legal aid to appoint another lawyer for him.
Mbaeva was also a no-show when the results of a psychological evaluation done on Van Wyk by two psychiatrists – one in the employ of the State and one private – was made public last week.
According to the reports, Van Wyk is fit to stand trial and did not show any signs of mental incapacity.
In fact, both reports found that he has full mental capabilities when he committed the offence, and that he showed no remorse – and as a matter of fact blamed the atrocity on the victim.
The mental observations came after Mbaeva asked the court to send Van Wyk for psychiatric observation, as Van Wyk allegedly has a history of mental problems.
Van Wyk informed the court at his first pre-trial appearance that although he intends to plead guilty to charges of rape and abduction with an alternative count of kidnapping, he was advised that the services of a legal practitioner will be to his benefit.
The matter has now been postponed to 18 November for legal aid to appoint new legal representation for Van Wyk.
During his first appearance in the Windhoek Magistrate’s Court, Van Wyk confessed to the crimes.
He informed the court that he picked up the minor girl on the date in question around 13h00 from her school in the area of Khomasdal.
The accused further explained they walked from the victim’s school to Katutura, where he sexually violated the minor.
Van Wyk gave graphic and descriptive details of what he had done to the minor.
Following the sexual violation, he went to drink with his friends while in the company of the victim.
It is his testimony that he was highly intoxicated from the drugs and alcohol he had consumed that day.
He further testified that he only realised what he had done after the effects of the drugs and alcohol started to wear off.
The police arrested Van Wyk on 1 August 2019, after he was found in the company of a five-year-old girl who was reported to have gone missing from school earlier in the day.
He remains in custody at the Windhoek Correctional Facility’s section for trial awaiting inmates.