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09:00Last update on: 13 Aug 2013
The Namibian
Tue 13 Aug 2013
SMS Of The Day * THIS nation is in dire need of a massive conference on housing. When we experienced a crisis in the education sector a crisis-control brain-storming conference was organised which resulted in the best deal ever for the Namibian child, nam Food For Thought * BOURGEOISIE has become a daily occupation if not the order of the day of the upper-echelons, President Hifikepunye Pohamba we urge you to revisit this unpatriotic geocentricism among your staff and the well-connected, for everybody to r Bouquets And Brickbats * COMMISSIONER of Prisons, can you please explain the strategies you use to appoint officers to certain positions? It is my observation that you are being fed with wrong information then you just promote individuals without making p SMS Of The Day * I THINK Paulus ‘The Rock’ Ambunda lost his belt because of this promoter and trainer. How can a world champion still be training at the Katutura Youth Complex where there is not enough equipment. I think they must follow the example of Ha Food For Thought * NAMIBIA Dairies are unable to match low prices of imported milk and this ultimately means the consumer will have to pay more for local milk. Look at the prices of the local chicken. All these profits are going in the pockets of a few in Bouquets And Brickbats * I AM pleased to hear that Cabinet has responded positively to the proposal of Namibia Dairies to support the industry. The restrictions which support the industry by reducing competition to ensure the survival of the industry is a SMS Of The Day * CEO’s golden handshakes. Somewhere on our statute books there must be a provision that if a board of directors suspends/dismisses a CEO without due regard to legal provision (substantive/procedural law) such board must carry the costs for Food For Thought * JACKY Asheeke was so right with her last column- why are the fathers of the dead children not being prosecuted? (Reference to the children who died in shack fires last week) Our justice system still protects men over women. In this cont Bouquets And Brickbats * ALEXACTUS Kaure, your column in Friday’s newspaper opened my eyes. One hardly finds impartial case study analysers in Namibia. Let’s not destroy the Polytechnic’s strong foundation (Tjivikua) as yet. At least wait until the transf SMS Of The Day * WHY doesn’t NBC listen when they are criticised? The little red chairs on Good Morning Namibia have done their part and are dirty especially at the arm rests. Please listen for once. You interview professionals and internationals on those Food For Thought * MINISTRY of Education, in order to address the shortages of teachers at primary schools why don’t you consider employing us who hold a diploma in lifelong learning and community education for teaching posts? We also did health education Bouquets And Brickbats * MY fellow Namibians, I am not a Swapo member but a third term for President Hifikepuye Pohamba will be a step closer towards attainment of Vision 2030. Believe me His Excellency has made crucial bold decisions, and I don’t regret
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NEWS - NAMIBIA
| 2013-07-25
Aupindi’s lawyer withdraws from trial
Werner Menges
THE trial of former Namibia Wildlife Resorts managing director Tobie Aupindi was thrown into uncertainty and disarray yesterday, when Aupindi’s defence lawyer withdrew from the matter after a test of wills with the presiding magistrate in the Windhoek Magistrate’s Court.
Five months after requesting Magistrate Helvi Shilemba to recuse herself from the trial of Aupindi and a co-accused, Antonio di Savino, defence counsel Richard Metcalfe yesterday again urged the magistrate to not continue to preside over the trial.
Metcalfe also argued that Magistrate Shilemba should not hear the testimony of witnesses who had been summoned to give evidence about the allegations on which the request for her recusal was based. If she continued to hear evidence on the allegations, and did not recuse herself at this stage of the trial, his client’s constitutional right to a fair trial would be violated, Metcalfe argued.
He informed the magistrate that he was withdrawing from the matter after she indicated to him that she would not be recusing herself from the trial immediately like he wanted her to do.
“I refuse to associate myself one minute further with this injustice,” an irate Metcalfe told the magistrate before he left the courtroom.
“If this is what justice has come to in Namibia, then I say may God save Namibia,” he added as a parting shot.
Metcalfe also told the magistrate repeatedly that the allegations raised when she was asked to recuse herself are nothing more than allegations at this stage, and that these still need to be investigated by the proper authorities. In the meantime, Magistrate Shilemba cannot sit in judgement on those same allegations which involve herself, he said.
In the wake of those allegations his client has a reasonable perception that the magistrate would be biased against him, Metcalfe also said.
Di Savino’s lawyer, Louis du Pisani, supported Metcalfe in his request for the magistrate’s recusal. After Metcalfe’s departure, Du Pisani told the magistrate that he would now approach the High Court to ask that court to review her decision not to recuse herself.
The recusal application was based on an affidavit, obtained by a private investigator in September last year, in which one Mweukoya Haidula claimed to have heard Public Prosecutor Arrie Husselmann saying that Magistrate Shilemba had said that she would make sure that Aupindi would go to prison, even if there was no proper evidence against him.
Haidula also claimed that she had seen former Namibia Wildlife Resorts board chairperson Jackie Asheeke visiting Magistrate Shilemba’s office and later sitting with the magistrate in a car outside the court, and that she had seen Asheeke’s name on a bank statement which the magistrate had in her possession.
Husselmann and Asheeke have both told The Namibian that the claims made in the affidavit are not true.
Aupindi and Di Savino have pleaded not guilty to a charge of corruptly providing false information to an authorised officer of the Anti-Corruption Commission, and an alternative charge of attempting to defeat or obstruct the course of justice.
They are accused of having lied to ACC investigator William Lloyd by telling him that Aupindi himself had paid a swimming pool company, LIC Pools, N$50 000 for the installation of a pool at his house in Windhoek, while they knew that Di Savino had actually paid for the pool.
It has been claimed that at the time the pool was installed Di Savino was doing business with Namibia Wildlife Resorts, where Aupindi was still in charge at that stage.
In another affidavit which Metcalfe provided to the court in February, the former owner of LIC Pools, Michael Kuhn, stated that Aupindi indeed paid for the installation of the swimming pool himself.
The trial has been postponed to 11 October at this stage.
Five months after requesting Magistrate Helvi Shilemba to recuse herself from the trial of Aupindi and a co-accused, Antonio di Savino, defence counsel Richard Metcalfe yesterday again urged the magistrate to not continue to preside over the trial.
Metcalfe also argued that Magistrate Shilemba should not hear the testimony of witnesses who had been summoned to give evidence about the allegations on which the request for her recusal was based. If she continued to hear evidence on the allegations, and did not recuse herself at this stage of the trial, his client’s constitutional right to a fair trial would be violated, Metcalfe argued.
He informed the magistrate that he was withdrawing from the matter after she indicated to him that she would not be recusing herself from the trial immediately like he wanted her to do.
“I refuse to associate myself one minute further with this injustice,” an irate Metcalfe told the magistrate before he left the courtroom.
“If this is what justice has come to in Namibia, then I say may God save Namibia,” he added as a parting shot.
Metcalfe also told the magistrate repeatedly that the allegations raised when she was asked to recuse herself are nothing more than allegations at this stage, and that these still need to be investigated by the proper authorities. In the meantime, Magistrate Shilemba cannot sit in judgement on those same allegations which involve herself, he said.
In the wake of those allegations his client has a reasonable perception that the magistrate would be biased against him, Metcalfe also said.
Di Savino’s lawyer, Louis du Pisani, supported Metcalfe in his request for the magistrate’s recusal. After Metcalfe’s departure, Du Pisani told the magistrate that he would now approach the High Court to ask that court to review her decision not to recuse herself.
The recusal application was based on an affidavit, obtained by a private investigator in September last year, in which one Mweukoya Haidula claimed to have heard Public Prosecutor Arrie Husselmann saying that Magistrate Shilemba had said that she would make sure that Aupindi would go to prison, even if there was no proper evidence against him.
Haidula also claimed that she had seen former Namibia Wildlife Resorts board chairperson Jackie Asheeke visiting Magistrate Shilemba’s office and later sitting with the magistrate in a car outside the court, and that she had seen Asheeke’s name on a bank statement which the magistrate had in her possession.
Husselmann and Asheeke have both told The Namibian that the claims made in the affidavit are not true.
Aupindi and Di Savino have pleaded not guilty to a charge of corruptly providing false information to an authorised officer of the Anti-Corruption Commission, and an alternative charge of attempting to defeat or obstruct the course of justice.
They are accused of having lied to ACC investigator William Lloyd by telling him that Aupindi himself had paid a swimming pool company, LIC Pools, N$50 000 for the installation of a pool at his house in Windhoek, while they knew that Di Savino had actually paid for the pool.
It has been claimed that at the time the pool was installed Di Savino was doing business with Namibia Wildlife Resorts, where Aupindi was still in charge at that stage.
In another affidavit which Metcalfe provided to the court in February, the former owner of LIC Pools, Michael Kuhn, stated that Aupindi indeed paid for the installation of the swimming pool himself.
The trial has been postponed to 11 October at this stage.
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(August 13)
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