The main accused in the trial of five men accused of the murder of Walvis Bay businessman Hans-Jorg Möller fired his second Legal Aid lawyer, Meriam Kandoni, and appointed Mbanga Siyomunji on a private instruction.
Kandoni informed Windhoek High Court Judge Dinnah Usiku yesterday that she received instructions from Panduleni Gotlieb (accused 1) to withdraw from the matter as he already instructed Siyomunji to defend him.
Much to the judge’s dismay, Siyomunji was not available yesterday, and his associate instead informed the court that he will be available today to explain his position. The judge then postponed the matter to today, and all but one of the accused indicated their willingness to accept the inevitable delay this new development will bring. Joseph Andreas, on behalf of accused 5, Malakia Shiweda, informed the judge that they will oppose a postponement for the matter to resume.
The matter has already been postponed for several months after Gotlieb fired his previous lawyer for not following instructions. The judge has already warned Gotlieb that she will not tolerate any more delays in finalising the matter, and that if he continues to chop and change lawyers, he will “draw the short straw”.
Gotlieb, Shiweda, David Tashiya, David Shekudja and Elly Ndapuka Hinaivali are charged with murder, attempted murder, conspiracy to commit housebreaking with the intent to rob, and robbery with aggravating circumstances.
They are also charged with housebreaking with the intent to rob and robbery with aggravating circumstances, and two counts of unlawful possession of a firearm and ammunition for allegedly breaking into the house of Möller during the daring robbery.
The accused allegedly shot Möller when he came to the defence of his wife and children during the early morning hours of 17 June 2016. They then ransacked the house in search of money and other valuables, whereafter they fled the scene with the stolen items, it is charged.
Möller was transported to a hospital, where he succumbed to the injuries he sustained due to the gunshot.
According to the State, the five accused acted with a common purpose. The State is represented by Basson Lilungwe, Tashiya by Kalundu Kamwi, Shekudja by Legal Aid lawyer Tanya Klazen, Trevor Brockerhoff represents Hinaivali, and Joseph Andreas is on record for Shiweda. The accused remain in custody.