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Monday, November 18, 2002 - Web posted at 12:57:37 GMT High treason trial date set WERNER MENGESTHE Caprivi high treason trial is set to start in the Grootfontein High Court on February 25. |
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The trial date was announced to the 126 remaining high treason accused on Friday, when they made another appearance before High Court Judge Elton Hoff in Grootfontein's Omulunga Town Hall, which is set to be the venue for the trial. The fixing of their trial date comes some three years and three months after the arrest of most of the 126, who were taken into custody in the wake of the August 2 1999 armed attacks at Katima Mulilo, for which the blame has been placed at the door of alleged separatist rebels belonging to the Caprivi Liberation Army. In the past 39 months, the 126 have made numerous appearances in the Grootfontein Magistrate's Court, where bail applications by most of them have been turned down. All remain in custody. They have also seen seven people from their ranks die while awaiting the start of their trial, and have successfully sued Government in the High Court - before going on to also win an appeal in the Supreme Court - to be provided with State-financed legal representation for their trial. Friday's court proceedings were brief, with Deputy Prosecutor General Lourens Campher telling Judge Hoff that a trial date had been fixed for February 25. Five defence lawyers were present - Legal Aid Directorate counsel Patience Daringo, Vilinchia Benz and Hipura Ujaha, and advocates Herman Oosthuizen and Rudi Cohrssen. Cohrssen and Oosthuizen have been instructed to study evidence against the accused so far disclosed by the prosecution to determine which of the 126 will be able to share defence lawyers and between which a conflict of interests would require separate defence counsel to be appointed. Oosthuizen addressed the court on behalf of the accused, telling Judge Hoff that the defence would not ask for further evidence to be disclosed at Grootfontein, but would do so in Windhoek, if necessary. Hundreds of witness statements have not been revealed by the State. The explanation is that it is feared that prosecution witnesses will be intimidated if their identities become known before the trial. In the meantime, one of the 126, Isaya Shaft Kamwanga, should be referred to undergo a month's psychiatric observation to determine if he is able to stand his trial, Oosthuizen asked the Judge. It was indicated after the court proceedings that Kamwanga has been complaining about his mental state. The 126 are set to go on trial on an array of 275 charges. These include a count of high treason and one of sedition for their alleged participation in a plan to violently overthrow the Government in the Caprivi Region, nine counts of murder in connection with the killing of people during the August 2 1999 attacks, and 238 counts of attempted murder connected to the same events. Two of the 126 - former parliamentarian Geoffrey Mwilima and former NBC producer Bernard Mucheka - are scheduled to return to the High Court in Windhoek on Wednesday, for the continuation of an application to be released on bail, which they launched at the end of September. Threats Caprivi high treason accused Euster Matomolo Masake displayed a letter addressed to the Minister of Defence after he and 125 co-accused appeared in the High Court at Grootfontein on Friday. The letter appears to be meant as both a challenge and a threat to the Minister. Part of it states: 'Remember the blood of the Caprivians whom you are busy killing, their blood they are in your hands, even if you are eating, drinking, walking, sleeping or whatever you are doing remember their blood. ' It also states that the treason accused have been ready to stand trial 'to see who is the owner of Caprivi between you and us', but Government has not taken up their challenge. |
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