NEWS - NAMIBIA
| 2013-07-31‘Dorado 6’ deny murder charge
Werner Menges
THE trial of six young men accused of murdering a Namibian Defence Force member in a mob attack in Windhoek’s Dorado Park area hit a snag again yesterday, a day after the six pleaded not guilty to charges of murder and robbery with aggravating circumstances.
The pleas which the six accused gave before Magistrate Dinnah Usiku on Monday marked the start of their trial in the Windhoek Regional Court, six years after the incident that led to their arrest and prosecution. Yesterday, though, the trial was brought to a standstill again, when the defence lawyer of one of the accused informed the magistrate that he would not be able to continue with the matter as he has been receiving conflicting instructions from his client.
The six accused, as well as a 14-year-old co-accused who has reportedly left Namibia since being released in the care of his guardian, were arrested following the death of NDF Staff Sergeant Shipandeni Kanyemba (31) on 25 June 2007.
Kanyemba died from head injuries after he had allegedly been attacked by a gang while he and his brother were walking along a street in Dorado Park.
It is alleged that he was beaten, hit with a metal bar, and that stones were also thrown at him. Kanyemba sustained wounds to his head and his skull was fractured in the attack.
His attackers allegedly stole a cellphone from him after the deadly assault.
The accused on trial are Je-Andre Reuxve du Plessis (27), Quinton Collin Martin (25), Morne Buys (24), and three co-accused who were still juveniles under the age of 18 at the time of the incident.
It was Martin’s defence lawyer, Mbanga Siomunji, whose withdrawal brought the trial to a premature halt. Siomunji did not give a plea explanation to the court on behalf of Martin after the accused pleaded on Monday.
According to a plea explanation which Du Plessis’s defence lawyer, Boris Isaacks, gave to the magistrate, Du Plessis is claiming that he was robbed by Kanyemba and an unknown man. When he met the other accused, he asked them to help him catch the culprit, and they gave chase after Kanyemba, he claims.
It is Du Plessis’s version that Buys managed to catch Kanyemba, and that Martin then hit Kanyemba, Isaacks said. Du Plessis cannot say if any of the other accused also hit Kanyemba, and he can also not say if Kanyemba was still alive when he and the other accused left the scene, Isaacks continued.
Martin picked up a cellphone at the scene, and Du Plessis at first believed it was the phone, which had been stolen from him, Isaacks said. However, after Martin had told him that it was not his phone after all, the phone was thrown away.
Du Plessis is denying that he assaulted or robbed Kanyemba, Isaacks also said.
Buys’s defence lawyer, Bradley Basson, informed the magistrate that Buys is confirming that he and some of the other accused ran after Kanyemba after Du Plessis had told them that he had been robbed.
According to Buys he caught Kanyemba and a scuffle ensued between the two of them, Basson said. Kanyemba was about to get the upper hand in their match when Buys heard a hard blow, but he could not see who had hit Kanyemba, Basson said.
In their plea explanations the three accused former juveniles all denied having assaulted or robbed Kanyemba.
The six accused have to appear in court again on 16 August, to see if Martin’s legal representation has been sorted out and to set new dates for their trial.
Public Prosecutor Henry Muhongo is representing the State.
The pleas which the six accused gave before Magistrate Dinnah Usiku on Monday marked the start of their trial in the Windhoek Regional Court, six years after the incident that led to their arrest and prosecution. Yesterday, though, the trial was brought to a standstill again, when the defence lawyer of one of the accused informed the magistrate that he would not be able to continue with the matter as he has been receiving conflicting instructions from his client.
The six accused, as well as a 14-year-old co-accused who has reportedly left Namibia since being released in the care of his guardian, were arrested following the death of NDF Staff Sergeant Shipandeni Kanyemba (31) on 25 June 2007.
Kanyemba died from head injuries after he had allegedly been attacked by a gang while he and his brother were walking along a street in Dorado Park.
It is alleged that he was beaten, hit with a metal bar, and that stones were also thrown at him. Kanyemba sustained wounds to his head and his skull was fractured in the attack.
His attackers allegedly stole a cellphone from him after the deadly assault.
The accused on trial are Je-Andre Reuxve du Plessis (27), Quinton Collin Martin (25), Morne Buys (24), and three co-accused who were still juveniles under the age of 18 at the time of the incident.
It was Martin’s defence lawyer, Mbanga Siomunji, whose withdrawal brought the trial to a premature halt. Siomunji did not give a plea explanation to the court on behalf of Martin after the accused pleaded on Monday.
According to a plea explanation which Du Plessis’s defence lawyer, Boris Isaacks, gave to the magistrate, Du Plessis is claiming that he was robbed by Kanyemba and an unknown man. When he met the other accused, he asked them to help him catch the culprit, and they gave chase after Kanyemba, he claims.
It is Du Plessis’s version that Buys managed to catch Kanyemba, and that Martin then hit Kanyemba, Isaacks said. Du Plessis cannot say if any of the other accused also hit Kanyemba, and he can also not say if Kanyemba was still alive when he and the other accused left the scene, Isaacks continued.
Martin picked up a cellphone at the scene, and Du Plessis at first believed it was the phone, which had been stolen from him, Isaacks said. However, after Martin had told him that it was not his phone after all, the phone was thrown away.
Du Plessis is denying that he assaulted or robbed Kanyemba, Isaacks also said.
Buys’s defence lawyer, Bradley Basson, informed the magistrate that Buys is confirming that he and some of the other accused ran after Kanyemba after Du Plessis had told them that he had been robbed.
According to Buys he caught Kanyemba and a scuffle ensued between the two of them, Basson said. Kanyemba was about to get the upper hand in their match when Buys heard a hard blow, but he could not see who had hit Kanyemba, Basson said.
In their plea explanations the three accused former juveniles all denied having assaulted or robbed Kanyemba.
The six accused have to appear in court again on 16 August, to see if Martin’s legal representation has been sorted out and to set new dates for their trial.
Public Prosecutor Henry Muhongo is representing the State.
