Botswana delay hits treason trial again

THE same problem that last year delayed the High Court’s hearing on a special plea on jurisdiction that 13 of the Caprivi high treason accused have raised, did so again yesterday.

A recurrence of difficulties in getting witnesses from Botswana to travel to Namibia to testify in the case forced Deputy Prosecutor General Herman January to request a postponement. Judge Elton Hoff is now scheduled to continue hearing the prosecution’s evidence on the special plea on Tuesday.Two months ago the same problem led to January’s request to be given time to arrange for witnesses from Botswana and Zambia to come to Namibia.Yesterday in the High Court at Grootfontein he told the Judge there were “some hiccups” in securing the presence of foreign witnesses.Judge Hoff’s response was somewhat sardonic, and was met with smiles both from the defence and the prosecution.The Judge remarked that he had the impression that there were no hiccups when the 13 were handed over between the countries; it was only when it came to the matter of witnesses that hiccups seemed to start.When the hearing on the special plea resumed after a two-month break on Monday, the State had two witnesses from the Botswana Police Service ready to give their evidence on the circumstances in which the Botswana authorities delivered one of the 13 treason suspects to Namibia in December 2002.Two witnesses from Zambia kept court proceedings going on Tuesday.But yesterday, after a Namibian immigration officer had testified on the entry of treason accused Obert Mwenyi Likanyi into Namibia in December 2002, the prosecution team was unable to continue presenting their evidence because another two witnesses from Botswana were not yet available.January told Judge Hoff that these two, both immigration officers, would be the last witnesses for the State in the hearing on the 13’s claim that a Namibian court cannot try them because they were unlawfully abducted to Namibia.If the two witnesses from Botswana are still not available on Tuesday, the State will, “in all probability”, close its case in the special plea hearing, January said.The only evidence that was heard yesterday focused on Likanyi.The Regional Immigration Officer in the Caprivi Region, Richard Masule, told the court that he was the immigration officer who received three Namibians whom the Botswana authorities handed over to Namibia on December 6 2002.They were handed over at a weigh bridge in Botswana, near that country’s Ngoma border post.Likanyi was one of the three being handed over.On Monday, the court also heard testimony on that handover from Sub Inspector James Kabangu and Sergeant Tiroyaone Gosibotsile, both members of the Botswana Police Service.They said they received instructions to fetch the three Namibians at the Kazungula Police Station and transport them to Ngoma to be handed over.They said they were told that the three were illegal immigrants.The three were first handed to immigration officers from Botswana, who in turn handed them to Namibian Police officers, Kabangu and Gosibotsile related.Neither of they, nor Chief Inspector Hieronymus Goraseb, one of the Namibian Police officers at the handover, had however mentioned Masule’s presence, defence counsel Patrick Kauta said.Kauta went further, directly accusing Masule of not having been present.Masule insisted he had been present.Likanyi was handed over after being in Botswana since 1998 and had been granted asylum in Botswana, Kauta claimed on Monday.In a sworn affidavit Likanyi claimed he had been a branch secretary of the United Democratic Party in the Caprivi Region before he left Namibia.He decided to seek political asylum in Botswana because he had faced “persistent harassment” from the Namibian Police and Defence Force, he claimed.His December 2002 return to Namibia was illegal; it was an act of abduction, he claimed.Judge Elton Hoff is now scheduled to continue hearing the prosecution’s evidence on the special plea on Tuesday. Two months ago the same problem led to January’s request to be given time to arrange for witnesses from Botswana and Zambia to come to Namibia. Yesterday in the High Court at Grootfontein he told the Judge there were “some hiccups” in securing the presence of foreign witnesses. Judge Hoff’s response was somewhat sardonic, and was met with smiles both from the defence and the prosecution. The Judge remarked that he had the impression that there were no hiccups when the 13 were handed over between the countries; it was only when it came to the matter of witnesses that hiccups seemed to start. When the hearing on the special plea resumed after a two-month break on Monday, the State had two witnesses from the Botswana Police Service ready to give their evidence on the circumstances in which the Botswana authorities delivered one of the 13 treason suspects to Namibia in December 2002. Two witnesses from Zambia kept court proceedings going on Tuesday. But yesterday, after a Namibian immigration officer had testified on the entry of treason accused Obert Mwenyi Likanyi into Namibia in December 2002, the prosecution team was unable to continue presenting their evidence because another two witnesses from Botswana were not yet available. January told Judge Hoff that these two, both immigration officers, would be the last witnesses for the State in the hearing on the 13’s claim that a Namibian court cannot try them because they were unlawfully abducted to Namibia. If the two witnesses from Botswana are still not available on Tuesday, the State will, “in all probability”, close its case in the special plea hearing, January said. The only evidence that was heard yesterday focused on Likanyi. The Regional Immigration Officer in the Caprivi Region, Richard Masule, told the court that he was the immigration officer who received three Namibians whom the Botswana authorities handed over to Namibia on December 6 2002. They were handed over at a weigh bridge in Botswana, near that country’s Ngoma border post. Likanyi was one of the three being handed over. On Monday, the court also heard testimony on that handover from Sub Inspector James Kabangu and Sergeant Tiroyaone Gosibotsile, both members of the Botswana Police Service. They said they received instructions to fetch the three Namibians at the Kazungula Police Station and transport them to Ngoma to be handed over. They said they were told that the three were illegal immigrants. The three were first handed to immigration officers from Botswana, who in turn handed them to Namibian Police officers, Kabangu and Gosibotsile related. Neither of they, nor Chief Inspector Hieronymus Goraseb, one of the Namibian Police officers at the handover, had however mentioned Masule’s presence, defence counsel Patrick Kauta said. Kauta went further, directly accusing Masule of not having been present. Masule insisted he had been present. Likanyi was handed over after being in Botswana since 1998 and had been granted asylum in Botswana, Kauta claimed on Monday. In a sworn affidavit Likanyi claimed he had been a branch secretary of the United Democratic Party in the Caprivi Region before he left Namibia. He decided to seek political asylum in Botswana because he had faced “persistent harassment” from the Namibian Police and Defence Force, he claimed. His December 2002 return to Namibia was illegal; it was an act of abduction, he claimed.