The crimen injuria case of Heinz Laube (29) of the Genesis Health and Fitness club situated at the Swakopmund Hotel and Entertainment Centre was postponed for the final time by Magistrate Gibson Imbili in November.

The Public Prosecutor, Charlotte Williams said at the time that forensic results were not yet available.

Williams was yesterday substituted by Tanya Tait, who asked for another postponement as the forensic results were still outstanding.

Laube's legal counsel, Eugene Thomas of Jan Olivier & Co, again strongly opposed the postponement.

Asking for a mechanical recording of proceedings, he repeated his earlier statement, saying his client was suffering severe social and economic prejudice because of the case.

He submitted a letter from the National Forensic Science Institute in which the Director, Dr Paul Ludik, indicated that pornographic material had been found on some of the exhibits handed in for examination.

The examination was still ongoing on the rest of the exhibits.

Laube's computer equipment from his home and business were confiscated by the Police following his arrest in August.

"I would like to point out that it is not an offence in this country to posses pornographic material for private use," said Thomas in his submission.

"This is all the State has against the accused, as no other incriminating evidence is available. The State has no evidence to prove its suspicion," said Thomas.

He asked the Magistrate not to grant another postponement, "as it is clear it will be delayed again and again. I request the court to adjourn the matter."

The Prosecutor responded that the court had been granting postponements of up to 12 months for other cases.

"This case been postponed four times and is only in its fifth month."

She said Dr Ludik's results were the only outstanding part of the investigation.

Tait argued that as Ludik is the only forensic scientist in the country, delays could be expected.

"He has indicated that the case is receiving preference. He has started on it, and only needs to do the last exhibits. He needs three more weeks."

She added that a Police officer of the Central Investigation Department (CID) gave her a list of 115 cases waiting for results from the forensic laboratory.

Tait said if the results were not available by the next court date, she would remove the case from the roll.

Magistrate Imbili said he would have withdrawn the case if Prosecutor Williams, who agreed to a final postponement in November, had been in court to defend her case.

He postponed the case to March 7, when a trial date will be fixed.

Imbili further adhered to a request by the defence and amended Laube's bail conditions from reporting three times a week to the Police to only once a week.

Laube was arrested in August after a 45-minute video containing footage of about nine nude women and young girls in the gym's dressing room was handed to the Police.

Laube, who is a partner in the gym, allegedly removed a light fitting and mounted a video camera in the ceiling of the women's dressing room.

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