Windhoek – The end to the longest running trial in the history of Namibia could be sooner than anticipated after the majority of treason convicts – apart from the clients of lawyer Isle Aggenbach – confirmed they will not testify in mitigation of sentence.
After Aggenbach’s client Ndala Saviour Tutalife relayed his tale of torture and summary executions by the police to the court, she asked the judge to allow her time to consult with her remaining four clients to see if they wish to take the stand.
Judge Hoff granted Aggenbach the request and postponed the matter to today to hear whether Postrick Mowa Mwinga, John Panse Lubilo, Thadius Siyoka Ndala and Martin Siano Tubaundule will testify in mitigation.
If they decide not to testify, it will be left to their legal representatives to present final arguments before the judge on the sentences to be imposed.
The trial is now in its eleventh year, having started in a specially constituted court at the Grootfontein Prison in August 2004. The accused have been in custody for the past sixteen years.
The remaining accused are represented by Patrick Kauta, George Neves, Clive Kavendji, Profysen Muluti, Jonathan Samukange, Victor Kachaka, Percy McNally and Aggenbach, while State Advocate Taswald July is prosecuting.
Judge Elton Hoff convicted 30 men of having taken part in the bloody attacks on Katima Mulilo on August 2, 1999, which claimed the lives of eight people and caused extensive damage to government properties, including the NBC office and the local police station.
The 30 men are all that remain of the initial 122 that were charged with one count of high treason, nine counts of murder, and 240 counts of attempted murder. The 30 were convicted of high treason, murder and attempted murder at the end of one of the longest-running trials in modern Namibia.
Judge Hoff discharged 43 of the accused after the State closed its case and the defense applied for a Rule 174 discharge, while 22 suspects died in custody during the trial.
Two treason convicts that will not testify are former DTA parliamentarian Geoffrey Mwilima and John Sikundeko Samboma, the alleged commander of the armed wing of exiled Mishake Muyongo’s United Democratic Party – the Caprivi Liberation Army.
by Roland Routh