Caprivi defence retreats to mull strategy after setback

DEFENCE lawyers in the Caprivi high treason case yesterday asked for a day-long adjournment to plot their strategy after an interim defeat.

The setback came in the form of a brief ruling by Judge Elton Hoff in the High Court at Grootfontein yesterday morning: he dismissed a bid to have 13 of the 120 high treason suspects discharged at this stage, following the close of the State’s case on the special jurisdiction plea that the group had offered. The Judge did not give reasons for his ruling, which followed arguments that he heard from defence team member Patrick Kauta and Deputy Prosecutor General Herman January almost two weeks ago, on January 27 and 28.The Judge said he would provide his reasons when he made his final ruling on the special plea that the 13 had raised when initial trial proceedings in the high treason case finally started on October 27 last year.The 13 are disputing the court’s jurisdiction over them by claiming that they were unlawfully abducted from Zambia or Botswana to be prosecuted in Namibia.They are also claiming that because of this alleged complicity of the Namibian authorities in a breach of international law Namibia’s High Court has to decline assuming the jurisdiction to try the 13 on the 278 charges that they and their co-accused face.By not giving reasons for his ruling at this stage, Judge Hoff has left the defence in a tight spot and, to a degree, in the dark, without the benefit of having an indication at this stage of how the Judge perceives and evaluates the evidence that the prosecution has placed before the court so far.Kauta alluded to this dilemma yesterday when he asked the Judge for the postponement.Telling the Judge that the defence was faced with a problem that was compounded by the fact that there are nine lawyers in their team – appearing to indicate that there was some debate about their further strategy going on in the defence ranks – Kauta added that both options available to the defence came with their own ramifications.Those options are either to call the 13 accused people who have raised the jurisdiction challenge to testify, thereby, however, also opening them to cross-examination from the prosecution and the possibility that they themselves might make statements prejudicial to their own case, or to close the defence case now, and proceed to arguing the jurisdiction challenge before Judge Hoff makes his final ruling on it.January did not oppose the request for an adjournment – but also did not let the opportunity pass to remark that there had been more than a week’s time to plan strategies in anticipation of yesterday’s ruling.The accused involved in the special plea on jurisdiction are: * Moses Limbo Mushwena, Thaddeus Siyoka Ndala, Martin Siyano Tubaundule, Oscar Nyambe Puteho, and Charles Mafenyaho Mushakwa, who claim they were abducted from Zambia to Namibia on August 7 1999; * John Sikundeko Samboma, Richard Libano Misuha, Richard John Samati, and Oscar Muyuka Puteho, who claim they were abducted from Zambia to Namibia on November 6 1999, before they were illegally kept in the custody of the Namibia Defence Force for six months without appearing in court; * Fred Maemelo Ziezo and Andreas Mulupa, who claim they were abducted from Zambia to Namibia on December 22 1999; * Charles Kalipa Samboma, who is claimed to have been abducted from Zambia by Namibian officials on March 19 2001; and * Osbert Mwenyi Likanyi, alleged to have been abducted from Botswana to Namibia on December 6 2002.The Judge did not give reasons for his ruling, which followed arguments that he heard from defence team member Patrick Kauta and Deputy Prosecutor General Herman January almost two weeks ago, on January 27 and 28. The Judge said he would provide his reasons when he made his final ruling on the special plea that the 13 had raised when initial trial proceedings in the high treason case finally started on October 27 last year. The 13 are disputing the court’s jurisdiction over them by claiming that they were unlawfully abducted from Zambia or Botswana to be prosecuted in Namibia. They are also claiming that because of this alleged complicity of the Namibian authorities in a breach of international law Namibia’s High Court has to decline assuming the jurisdiction to try the 13 on the 278 charges that they and their co-accused face. By not giving reasons for his ruling at this stage, Judge Hoff has left the defence in a tight spot and, to a degree, in the dark, without the benefit of having an indication at this stage of how the Judge perceives and evaluates the evidence that the prosecution has placed before the court so far. Kauta alluded to this dilemma yesterday when he asked the Judge for the postponement. Telling the Judge that the defence was faced with a problem that was compounded by the fact that there are nine lawyers in their team – appearing to indicate that there was some debate about their further strategy going on in the defence ranks – Kauta added that both options available to the defence came with their own ramifications. Those options are either to call the 13 accused people who have raised the jurisdiction challenge to testify, thereby, however, also opening them to cross-examination from the prosecution and the possibility that they themselves might make statements prejudicial to their own case, or to close the defence case now, and proceed to arguing the jurisdiction challenge before Judge Hoff makes his final ruling on it. January did not oppose the request for an adjournment – but also did not let the opportunity pass to remark that there had been more than a week’s time to plan strategies in anticipation of yesterday’s ruling. The accused involved in the special plea on jurisdiction are: * Moses Limbo Mushwena, Thaddeus Siyoka Ndala, Martin Siyano Tubaundule, Oscar Nyambe Puteho, and Charles Mafenyaho Mushakwa, who claim they were abducted from Zambia to Namibia on August 7 1999; * John Sikundeko Samboma, Richard Libano Misuha, Richard John Samati, and Oscar Muyuka Puteho, who claim they were abducted from Zambia to Namibia on November 6 1999, before they were illegally kept in the custody of the Namibia Defence Force for six months without appearing in court; * Fred Maemelo Ziezo and Andreas Mulupa, who claim they were abducted from Zambia to Namibia on December 22 1999; * Charles Kalipa Samboma, who is claimed to have been abducted from Zambia by Namibian officials on March 19 2001; and * Osbert Mwenyi Likanyi, alleged to have been abducted from Botswana to Namibia on December 6 2002.