Caprivi treason case postponed to August

THE Caprivi high treason case, in which 107 people are facing 278 charges over an alleged plot to secede the Caprivi Region from the rest of Namibia, was postponed to August 9 in the High Court at Grootfontein yesterday.

The postponement, granted by Judge Elton Hoff, came as a result of unfinished business in Namibia’s highest court. In the Supreme Court, a judgement is still pending on the appeal in which the court has been asked to overturn a ruling that the High Court did not have jurisdiction to try 13 former – and, possibly, also future – co-accused of the 107 suspects who yesterday again appeared before Judge Hoff.Deputy Prosecutor General Herman January, who is leading the prosecution team involved in the high treason case, said he informed Judge Hoff yesterday that it was in the interests of justice to first receive the Supreme Court’s judgement on the question whether the High Court can try the 13 who had succeeded before Judge Hoff in challenging his court’s jurisdiction.January said he had also indicated to the Judge that it could be in the interest of the remaining 107 accused to first have the Supreme Court rule on the jurisdiction issue that had been raised in the High Court.That is because two and a half months ago some of the 107 had indicated in their pleas to the charges against them that they might also still choose to question the High Court’s power to try them.As a result, the judgement being awaited from the Supreme Court could affect the 107, too, January explained by telephone from Grootfontein yesterday afternoon.One of the defence lawyers involved in the case, Percy McNally, addressed the court on behalf of the defence.He said yesterday that he reminded Judge Hoff of the remarks that the Judge had made on March 15, which was the last occasion when the case was postponed.The Judge had warned then that it would take much to persuade him to grant a further postponement when the case returned to court.McNally said he also referred to the obvious fact that the accused had been in custody for a very long time by now, “but the Judge shot me down”.Judge Hoff’s reply was that the court had no choice but to first wait for the appeal judgement from the Supreme Court, McNally reported.All of the 107 accused people remain in custody until the case again returns to court.By August 9, the fifth anniversary of the armed attacks at Katima Mulilo that on August 2 1999 spelled the beginning of the Caprivi high treason case will have passed.By then, most of the accused arraigned in the High Court at Grootfontein will also have been in custody for more than five years already, without the first witness for the prosecution in their trial proper having even started to testify yet.* The 13 suspects at the centre of the Supreme Court case are also still in custody, awaiting the outcome of the appeal that is set to determine their legal fate.They appeared in the Katima Mulilo Magistrate’s Court again on Monday, to be told that they have to return to that court for another appearance on the significant date of August 2.In the Supreme Court, a judgement is still pending on the appeal in which the court has been asked to overturn a ruling that the High Court did not have jurisdiction to try 13 former – and, possibly, also future – co-accused of the 107 suspects who yesterday again appeared before Judge Hoff.Deputy Prosecutor General Herman January, who is leading the prosecution team involved in the high treason case, said he informed Judge Hoff yesterday that it was in the interests of justice to first receive the Supreme Court’s judgement on the question whether the High Court can try the 13 who had succeeded before Judge Hoff in challenging his court’s jurisdiction.January said he had also indicated to the Judge that it could be in the interest of the remaining 107 accused to first have the Supreme Court rule on the jurisdiction issue that had been raised in the High Court.That is because two and a half months ago some of the 107 had indicated in their pleas to the charges against them that they might also still choose to question the High Court’s power to try them.As a result, the judgement being awaited from the Supreme Court could affect the 107, too, January explained by telephone from Grootfontein yesterday afternoon.One of the defence lawyers involved in the case, Percy McNally, addressed the court on behalf of the defence.He said yesterday that he reminded Judge Hoff of the remarks that the Judge had made on March 15, which was the last occasion when the case was postponed.The Judge had warned then that it would take much to persuade him to grant a further postponement when the case returned to court.McNally said he also referred to the obvious fact that the accused had been in custody for a very long time by now, “but the Judge shot me down”.Judge Hoff’s reply was that the court had no choice but to first wait for the appeal judgement from the Supreme Court, McNally reported.All of the 107 accused people remain in custody until the case again returns to court.By August 9, the fifth anniversary of the armed attacks at Katima Mulilo that on August 2 1999 spelled the beginning of the Caprivi high treason case will have passed.By then, most of the accused arraigned in the High Court at Grootfontein will also have been in custody for more than five years already, without the first witness for the prosecution in their trial proper having even started to testify yet.* The 13 suspects at the centre of the Supreme Court case are also still in custody, awaiting the outcome of the appeal that is set to determine their legal fate.They appeared in the Katima Mulilo Magistrate’s Court again on Monday, to be told that they have to return to that court for another appearance on the significant date of August 2.