WINDHOEK – A young Omaruru resident who is facing a charge of murder in the Windhoek High Court is struggling to get the Directorate of Legal Aid to pay for his preferred legal reprentative.
Marinus Scholtz, the lawyer who has been representing Wencel Gawanab on Friday last week informed Judge Nate Ndauendapo that he drafted a letter to Legal Aid and instructed Gawanab and his mother, who has been paying the lawyer’s fees from her own pocket, to go with the letter to Legal Aid to apply. According to him, the couple informed him that Legal Aid needs the background to the case and he drafted a second letter which he duly dispatched with his clients to Legal Aid where they were informed them that the application for Scholtz to proceed as Gawanab’s lawyer will be processed.
Scholtz, who told the Judge that he normally does not get involved with Legal Aid cases, handed copies of the two letters to the Judge as evidence. However, Scholtz informed Judge Ndauendapo that when Gawabab and his mother returned to Legal Aid last week Thursday they were told that the persons who issue instructions to lawyers are still on leave and as such nothing can be done until they return from leave. Scholtz who has already indicated that he is willing to defend Gawanab should the Department of Legal Aid consent to paying his legal fees then asked Judge Ndauendapo for a remand of at least two weeks to give Legal Aid a chance to consider the application. Prosecutor Ingrid Husselmann had no objection to the remand and the judge postponed the matter to January 27 for Gawanab to sort out his legal aid dilemma. The Judge warned Gawanab that it is his duty to follow up with Legal Aid.
Gawanab is appearing on a charge of murder in relation to the death of Quintus Lewellyn Reginald Gaingob at the Omaruru State Hospital on November 6, 2010. Gaingob died as a result of multiple stab wounds alleged to have been caused by Gawanab. Gawanab es admit that he stabbed the deceased, but deny that he intended to kill him. He was granted bail in the amount of N$1 000 three days after the incident and his bail was extended till his next court appearance.
By Roland Routh