Windhoek – A new twist has emerged in the long-running trial in which two Omamas residents face charges of murder and defeating or obstructing or attempting to defeat the course of justice.
The state-funded lawyer for one of the accused has applied for a stay of prosecution on behalf of his client.
According to Titus Mbaeva his client the 40-year-old Raynoldt (Jacky) Windstaan was never arrested for the offence he is appearing for before the High Court, but for an unrelated robbery charge.
According to Mbaeva this all came to light during the trial-within-a-trial which was held to determine the admissibility of a warning statement, pointing out and alleged confession 40-year-old Johannes Eichab, Windstaan’s co-accused, made after his arrest.
Arguments on the stay of prosecution application will start on February 08, possibly further delaying the trial, which already has had its ups and downs.
The State vehemently objects to the stay of prosecution application.
The trial-within-a trial started shortly after Windstaan and Eichab pleaded not guilty to the charges in November 2012.
Windstaan and Eichab face two counts of murder and one count of defeating or obstructing or attempting to defeat the course of justice.
It is alleged they murdered 42-year-old Klaas Titus and 39-year-old John McNab during the period of July 16 to 18, 2005 in the Mariental district and threw the deceased into a deep and isolated well from which it is impossible to escape without assistance.
The two men’s skeletal remains were discovered in the well on farm Good Hope after Windstaan allegedly pointed the well out to the police because he could no longer handle the nightmares in which his alleged victims haunted him.
After various evidence was led in the trial including testimonies of alleged eyewitnesses to the murder, the State wanted to introduce the admissions.
Eichab through his court-appointed lawyer, Winnie Christiaans, disputed the authenticity of the alleged admissions.
He claims the police dictated to him what to say in the confession to the magistrate and authored the warning statement themselves before forcing him to sign it.
He also claims the alleged pointing out was also done by the police who told him what and where to point.
The State represented by Advocate Erich Moyo is contending the admissions were made freely and voluntarily.
Judge Naomi Shivute indicated she would give her ruling on the admissibility of the alleged admissions on March 3.