THE trial of two American citizens charged with murdering a young man in Windhoek nearly nine years ago must proceed following the withdrawal of a defence lawyer from their case this week, a judge directed in the Windhoek High Court yesterday.
The withdrawal of defence lawyer Titus Ipumbu on Monday was a consequence of a misrepresentation made by his client, Marcus Thomas, who tried to get Ipumbu to inform the Directorate of Legal Aid that “an irretrievable breakdown in the trust relationship” between him and Thomas had occurred, while that was not the truth, judge Christie Liebenberg remarked in a ruling in which he refused a further postponement of Thomas’ trial.
Judge Liebenberg said the history of the case led to an inescapable conclusion that Thomas’ bid to get Ipumbu to withdraw from his trial was part of an orchestrated attempt to force a further delay in the trial. He added that there was no doubt that Thomas was not serious about getting legal representation, and was intent on delaying his trial.
Thomas has reached the end of that road, though, the judge said, before ordering that the trial should proceed despite Thomas currently being without legal representation.
Ipumbu was the fifth defence lawyer to represent Thomas since the start of his trial in November 2014.
Judge Liebenberg also noted that the Directorate of Legal Aid informed Thomas at the end of July last year that it would no longer be providing him with legal representation, after all of the previous defence lawyers instructed to represent him withdrew from his case.
In April this year, the directorate changed its stance and instructed Ipumbu to represent him, but also cautioned Thomas that he would have to be serious about working with Ipumbu.
Having heard that judge Liebenberg would not postpone the case again to give him another opportunity to get legal representation, Thomas told the judge that he wanted to appeal against the ruling.
He would need to get leave to appeal first, the judge responded.
Thomas (34) and a fellow American, Kevan Townsend (33) are charged with counts of murder, robbery with aggravating circumstances, importation of firearm parts into Namibia without a licence, possession of a firearm and ammunition without a licence, and defeating or obstructing the course of justice in connection with the killing of a 25-year-old man, Andre Peter Heckmair, in Windhoek on 7 January 2011.
Heckmair was shot dead in a car in a quiet street in Klein Windhoek.
Thomas and Townsend have denied guilt on all charges.
The state is alleging that Thomas and Townsend travelled from the United States of America to Namibia in late December 2010 to carry out a plan to murder Heckmair, who had previously lived in the US. Only two state witnesses have testified since the start of their trial in November 2014, with the trial having been kept stalled by an attempt by Thomas to feign a mental defect, a bid to get judge Liebenberg to step down from the case, the withdrawal of several defence lawyers, and bouts of illness on the part of Townsend and a defence lawyer as well.
Barring a new twist in the matter, deputy prosecutor general Antonia Verhoef is expected to present the testimony of the state’s third witness to the court today.
Thomas and Townsend have been kept in custody since their arrest in Windhoek on 7 January 2011.
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