Roland Routh
WINDHOEK – One of the two men accused of raping and murdering a young girl between 28 and 29 March 2013 in Windhoek, wanted to fire his lawyer yesterday.
Their trial started anew yesterday before Windhoek High Court Judge Boas Usiku.
Ruben Fritz told the judge that he is not satisfied with the services of his lawyer, Simpson Enkali from the Kadhila Amoomo law stable who is appearing on his behalf, courtesy of Legal Aid.
However, after both Ethel Ndlovu for the State and Mbanga Siyomunji for his co-accused, Fransicus Narimab, opposed another postponement, the judge questioned Fritz on the merits of his distrust of Enkali.
During the questioning, however, it came to light that Fritz had no qualms with the manner in which Enkali is handling his defence, but that he wants time to allow his family to approach a privately funded lawyer as he is of the opinion that a State funded lawyer would favour the State.
When it was explained to him that Enkali is his lawyer that is there to represent his interests and is only paid by the State, he acquiesced and the matter was postponed to today.
The matter is back on the roll after three judges of the Supreme Court of Namibia overturned a section 174 of the Criminal Procedure Act acquittal of Narimab.
Acting Judge of Appeal Sylvester Mainga in agreement with Judges of Appeal Dave Smuts and Elton Hoff found that on the evidence presented during the trial, the discharge of Narimab was premature and that he was to be placed on his defence.
They are facing charges of murder, two counts of rape, one count of robbery with aggravating circumstances and one count of defeating or obstructing or attempting to defeat or obstruct the course of justice each.
The State is alleging that the two accused took turns to rape 18-year-old Alwina Uri-Khos during the period March in 2013, while the other held her down after taking her to a bushy area between Shandumbala and the Western Bypass tar road in Windhoek.
It is further alleged that both accused killed the deceased by hitting her with stones on her head and she died at the scene of severe head injuries due to blunt force impact trauma. The accused then allegedly robbed Uri-Khos of her cellphone, SIM card, one pair of shoes and trousers.
It is alleged that they destroyed the SIM card and sold the cellular phone and instructed the mother of Fritz to give false information to the police. It is further alleged they disposed of the shoes and trouser of the deceased in a way unknown to the police.
Narimab and Fritz have been in custody since their arrest five days after the discovery of their alleged victim until Narimab was released after spending at least four years trial-awaiting.
Fritz remains in custody and Narimab is free on a warning.