THE spokesman of the 12 men who are charged in the second Caprivi high treason trial announced in the High Court in Windhoek last week that he and his co-accused want President Hifikepunye Pohamba, former President Sam Nujoma, former Zambian President Kenneth Kaunda and representatives of various governments to be summoned to court to give evidence on the history of the Caprivi Region.
The incumbent President of Namibia, the two ex-Presidents and representatives from various countries’ governments and two traditional authorities in Zambia and Botswana respectively should be called to the High Court to give evidence on the history of the Caprivi Region so that the 12 can prove to the court that they are in fact Caprivian nationals, and not Namibian citizens, their spokesman, Vincent Siliye, told Acting Judge John Manyarara on Tuesday last week. The countries whose governments should send representatives to testify are Great Britain, Germany, South Africa, Italy, Portugal, and Namibia itself, Siliye told the court.He further told Acting Judge Manyarara that representatives of two traditional authorities in two neighbouring countries – the Barotse royal khuta of Zambia and Botswana’s Serowe royal khuta under Paramount Chief Ian Khama – should also be summoned to give evidence.The evidence that should come from these sources is aimed at showing to the court why the 12 accused men have been claiming that a Namibian court does not have the power to try them, since they are Caprivians and not Namibians, and since the Caprivi Region is not in fact and in law part of Namibia, Siliye indicated.He told Acting Judge Manyarara that the evidence that the 12 want to be heard by the court should however not be regarded as evidence that will be given as part of their defence against the case that the prosecution in the trial has placed before the court.The 12 are still not considering themselves to be part of the trial that has been taking place before Acting Judge Manyarara since March 2005, Siliye emphasised.With the trial having already progressed to the point where the prosecution has closed its case against the twelve, and with the court having dismissed an earlier jurisdiction challenge from eleven of the twelve accused men in October 2005 already, Acting Judge Manyarara struck Siliye’s intended application on the question of the citizenship of the twelve off the court roll as being “totally irrelevant”.When he asked Siliye whether he or any of the other accused men wanted to testify in their own defence, or whether they wanted to call witnesses to testify in their defence, since any statements that they had made from the dock during the trial cannot be considered to be evidence in the matter, Siliye repeated that he and his co-accused did not want to and would never take part in the trial, and that they “feel we are being psychologically intimidated by this court”.They had told the court before already that they did not want the court to give an impression to the outside world that they are part of the trial, Siliye declared.Having heard that, the leader of the prosecution team, Deputy Prosecutor General Danie Small, remarked to Acting Judge Manyarara that he had asked the 12 on numerous occasions whether they wanted to testify in their own defence or call witnesses to testify in their defence.The answer had been negative throughout, Acting Judge Manyarara noted.As a result, he agreed, the defence case of the 12 should be considered closed.They are now scheduled to return to court on May 16 for the hearing of arguments from the prosecution – and from the 12 accused as well, should they choose to exercise their right to address the court – on the verdict that is to be delivered in the trial.The hearing of arguments is however set to be postponed to May 23 on that date, since Acting Judge Manyarara is already involved in another trial on May 16.The 12 are facing six charges, including counts of high treason, sedition, and illegal importation and possession of firearms, in connection with allegations that they had taken part in an alleged plot to secede the Caprivi Region from Namibia between September 1998 and December 2003, when the last members of their group were arrested.The countries whose governments should send representatives to testify are Great Britain, Germany, South Africa, Italy, Portugal, and Namibia itself, Siliye told the court.He further told Acting Judge Manyarara that representatives of two traditional authorities in two neighbouring countries – the Barotse royal khuta of Zambia and Botswana’s Serowe royal khuta under Paramount Chief Ian Khama – should also be summoned to give evidence.The evidence that should come from these sources is aimed at showing to the court why the 12 accused men have been claiming that a Namibian court does not have the power to try them, since they are Caprivians and not Namibians, and since the Caprivi Region is not in fact and in law part of Namibia, Siliye indicated.He told Acting Judge Manyarara that the evidence that the 12 want to be heard by the court should however not be regarded as evidence that will be given as part of their defence against the case that the prosecution in the trial has placed before the court.The 12 are still not considering themselves to be part of the trial that has been taking place before Acting Judge Manyarara since March 2005, Siliye emphasised.With the trial having already progressed to the point where the prosecution has closed its case against the twelve, and with the court having dismissed an earlier jurisdiction challenge from eleven of the twelve accused men in October 2005 already, Acting Judge Manyarara struck Siliye’s intended application on the question of the citizenship of the twelve off the court roll as being “totally irrelevant”.When he asked Siliye whether he or any of the other accused men wanted to testify in their own defence, or whether they wanted to call witnesses to testify in their defence, since any statements that they had made from the dock during the trial cannot be considered to be evidence in the matter, Siliye repeated that he and his co-accused did not want to and would never take part in the trial, and that they “feel we are being psychologically intimidated by this court”.They had told the court before already that they did not want the court to give an impression to the outside world that they are part of the trial, Siliye declared.Having heard that, the leader of the prosecution team, Deputy Prosecutor General Danie Small, remarked to Acting Judge Manyarara that he had asked the 12 on numerous occasions whether they wanted to testify in their own defence or call witnesses to testify in their defence.The answer had been negative throughout, Acting Judge Manyarara noted.As a result, he agreed, the defence case of the 12 should be considered closed.They are now scheduled to return to court on May 16 for the hearing of arguments from the prosecution – and from the 12 accused as well, should they choose to exercise their right to address the court – on the verdict that is to be delivered in the trial.The hearing of arguments is however set to be postponed to May 23 on that date, since Acting Judge Manyarara is already involved in another trial on May 16.The 12 are facing six charges, including counts of high treason, sedition, and illegal importation and possession of firearms, in connection with allegations that they had taken part in an alleged plot to secede the Caprivi Region from Namibia between September 1998 and December 2003, when the last members of their group were arrested.
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