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09:05Last update on: 13 Aug 2013
The Namibian
Tue 13 Aug 2013


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Time pressure on treason trial lawyer
Werner Menges
Defence lawyer Ilse Agenbach, representing a group of 15 accused who decided to rejoin proceedings in the trial earlier this year, drew murmurs of dissent and disapproval from other accused in the dock when she mentioned to Judge Elton Hoff last week that she might need time until early next year to properly prepare for the remainder of the trial.
With nine other defence lawyers and the prosecution united in their opposition to a postponement of the trial for as long as six months, Judge Hoff has now postponed the case to 16 September.
That would give Agenbach another two months to get acquainted with the massive record of past proceedings in the trial - the trial transcript exceeds 39 000 typed pages at this stage - and to decide on the strategy to be followed in her representation of her clients. She has however cautioned that, given the scale of the task she is saddled with, she might not be ready to proceed with the trial in the High Court at Windhoek Central Prison by 16 September.
Agenbach was put on the spot last week when several other defence counsel unexpectedly closed their clients’ defence cases without presenting testimony in their own defence from the accused themselves to the court.
Out of the 50 accused represented by the other nine defence lawyers, 19 have elected to exercise their right to remain silent on the charges against them. Thirty-one of the accused have testified in their own defence since the start of the defence phase of the trial on 25 February.
Some of the accused who have elected not to testify are claimed to have played leading roles in an alleged conspiracy to take up weapons to secede the Caprivi Region from Namibia. The alleged Caprivi Liberation Army commander, John Samboma, Bennet Mutuso, who is alleged to have played a key role in the planning of the surprise attacks which alleged separatists carried out at Katima Mulilo on 2 August 1999, and former teacher Aggrey Makendano, who has acted as a spokesperson for the group that boycotted the trial, are among the accused who have decided to remain silent.
Agenbach joined the trial in mid-March, after her clients decided to end a long boycott of the trial which had started six years earlier in the case of some of the accused, and as far back as early 2005 in the case of others.
Since Agenbach joined the trial she has not been cross-examining the accused who have testified in their own defence. Instead, she has repeatedly informed the court that she was reserving her clients’ rights with regard to cross-examination.
She has also informed Judge Hoff that she was reserving her clients’ rights to ask the court to recall prosecution witnesses who testified while her clients were not represented by a defence lawyer, in order to cross-examine those witnesses who have given evidence against her clients.
The first phase of the trial started in the High Court at Grootfontein in late October 2003. The 65 accused persons remaining on trial after 43 of their co-accused were discharged by Judge Hoff in February this year, following the end of the prosecution’s case, are facing a total of 278 charges, which include counts of high treason, sedition, murder and attempted murder.
With nine other defence lawyers and the prosecution united in their opposition to a postponement of the trial for as long as six months, Judge Hoff has now postponed the case to 16 September.
That would give Agenbach another two months to get acquainted with the massive record of past proceedings in the trial - the trial transcript exceeds 39 000 typed pages at this stage - and to decide on the strategy to be followed in her representation of her clients. She has however cautioned that, given the scale of the task she is saddled with, she might not be ready to proceed with the trial in the High Court at Windhoek Central Prison by 16 September.
Agenbach was put on the spot last week when several other defence counsel unexpectedly closed their clients’ defence cases without presenting testimony in their own defence from the accused themselves to the court.
Out of the 50 accused represented by the other nine defence lawyers, 19 have elected to exercise their right to remain silent on the charges against them. Thirty-one of the accused have testified in their own defence since the start of the defence phase of the trial on 25 February.
Some of the accused who have elected not to testify are claimed to have played leading roles in an alleged conspiracy to take up weapons to secede the Caprivi Region from Namibia. The alleged Caprivi Liberation Army commander, John Samboma, Bennet Mutuso, who is alleged to have played a key role in the planning of the surprise attacks which alleged separatists carried out at Katima Mulilo on 2 August 1999, and former teacher Aggrey Makendano, who has acted as a spokesperson for the group that boycotted the trial, are among the accused who have decided to remain silent.
Agenbach joined the trial in mid-March, after her clients decided to end a long boycott of the trial which had started six years earlier in the case of some of the accused, and as far back as early 2005 in the case of others.
Since Agenbach joined the trial she has not been cross-examining the accused who have testified in their own defence. Instead, she has repeatedly informed the court that she was reserving her clients’ rights with regard to cross-examination.
She has also informed Judge Hoff that she was reserving her clients’ rights to ask the court to recall prosecution witnesses who testified while her clients were not represented by a defence lawyer, in order to cross-examine those witnesses who have given evidence against her clients.
The first phase of the trial started in the High Court at Grootfontein in late October 2003. The 65 accused persons remaining on trial after 43 of their co-accused were discharged by Judge Hoff in February this year, following the end of the prosecution’s case, are facing a total of 278 charges, which include counts of high treason, sedition, murder and attempted murder.
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(August 13)
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