WINDHOEK - The Office of the Prosecutor General got their date yesterday to apply for leave to appeal the acquittal of 41 men accused of high treason, murder, attempted murder, sedition, public violence and illegal importation of weapons and ammunition.
Acting Windhoek High Court Judge Ileni Velikoshi will hear the application on July 22, it was announced yesterday.
The State wants to apply to the High Court for leave to appeal former High Court Judge Elton Hoff’s acquittal of the 41 former Caprivi treason accused in the Windhoek High Court.
Judge Hoff was seconded the Supreme Court as a judge of appeal at the country’s highest court soon after he completed the long-running treason trial.
Deputy Prosecutor General Lourens Campher, who brought the application on behalf of the PG, said they wanted to appeal the discharge of 25 of the 43 accused persons in terms of Section 174 of the Criminal Procedure Act after the closing of the State’s case on February 11, 2013.
He further stated that the PG also wants to appeal the acquittal of 17 of the accused persons at the end of the trial. The PG wants the Supreme Court to set aside the discharge and acquittal of Calvin Malumo, Joseph Kamwi, Herbert Mboozi Mutahane, John Tebiso Masake, Chist Sitale Mushe and Kisko Twazmango Sakusheka.
They will also appeal the acquittal of Tobias Muswabe Kanganga, Frederik Kabatonwa Lutuhezi, Fred Maemelo Ziezo, O’Brien Sinkolea Mwananyambe and Joseph Omo Mufuhi.
In addition, they will appeal the not guilty verdicts of Ernest Lolisa Lifasi, Joseph Kabuyana, Richard Masupa Mungulike, Genes John Kabotana, Stephen Kadela Mashando, Vasco Inambao Lyongo, Phelem Mboozi Mutuwangele, Boswell Adams Muyumbano, Ernest Salufu Samunzala and Wilson Mutumuswana.
The appeal also covers Linus Kashala Luseso, Thaddeus Sibonwa Mundube, Gilbert Kaziyana Poshowe, Victor Tumonz Lunyandile, Simon Max Mubita, Charles Kalipa Samboma, Ignatius Nawa Tuwabushalila (deceased), Tiiso Ernst Manyando, John Samati Yalubbi, Francis Buitiko Pangala, Sylvester Lusiko Ngalaule, Austen Lemuha Ziezo, Andreas Puo Mulupa, Roster Mushe Lukato, Davis Chioma Mazyu, Britan Simisho Lielezo, Brendan Luyanda, Frans Muhupolo, Mwilima Gabriel Mwilima, Oscar Muyuka Puteho and Richwell Mbala Manyemo.
The same lawyers that represented the defendants in the main trial, instructed by the Department of Legal Aid, will represent them during the appeal.
The main trial started in August 2004 in a specially constituted court at the Grootfontein Prison with 122 accused.
During the course of the trial, 22 accused have died while 43 were discharged in a Rule 174 ruling in February 2013 and another one on August 2012.
The accused were initially charged with 278 counts and 379 state witnesses testified on the charges including high treason, nine counts of murder and 240 counts of attempted murder.
The charges stem from an alleged failed attempt to secede the then Caprivi from Namibia.
Eight people died in an attack by the rebel Caprivi Liberation Army (CLA) on government installations on August 02, 1999 in Katima Mulilo.
The local police station, military base, field force base, border posts and the NBC offices were attacked and the State claims the attacks were carried out with the aim to use violence to take over the region. All of the accused denied guilt at the start of the trial.
It took Judge Elton Hoff seven days to deliver his full judgement in the trial in which 30 people were convicted of high treason, nine counts of murder and 90 counts of attempted murder.