Final call for Swakop’s alleged peeping Tom

THE alleged peeping Tom gymnasium owner at Swakopmund, Heinz Laube, had to pull off a hasty, overnight business transaction as he desperately tries to fight five charges of crimen injuria.

Laube was arrested in August 2004 after being accused of secretly videotaping female clients – including some underage girls – in the changing rooms of the Genesis Fitness Centre at Swakopmund, of which he is the owner. Laube told the Swakopmund Magistrate’s Court yesterday that he had had no option but to sell one of his businesses, presumably the gymnasium, for a “pathetic price” to raise funds to continue his defence.After two years of continuous postponements, presiding Magistrate Vicky Nicolaides was determined to wrap up the case this week.Yesterday afternoon, however, State Prosecutor Heidi Jacobs and all witnesses had to be content with yet another postponement.On Monday already, Laube had requested that the case be postponed again because his former lawyer, Eugene Thomas, had withdrawn from the case, supposedly because Laube’s financial status had taken a nosedive and he could no longer afford the lawyer.State Prosecutor Heidi Jacobs objected, accusing Laube of employing delaying tactics.Magistrate Nicolaides was also unmoved by Laube’s appeal.She said he had had ample time to prepare and make the necessary arrangements for representation.She insisted that the matter proceed this week with or without a representative for the defence.The Magistrate then gave Laube until Tuesday morning to study the docket and prepare to defend himself.Yesterday, Magistrate Nicolaides issued a stern warning that this would be the final delay.After much scurrying around by the accused during several recesses to confirm his new representation, the Magistrate conceded that the fairness of the trial would hang in the balance, should Laube have to handle his own defence.”I don’t want him [Laube] not to be represented.That would be another nightmare,” she said.Throughout the day, Laube tried to get confirmation from Windhoek-based lawyer Jorge Neves on whether he would be able to represent him.Apparently Neves could not be reached, but had previously indicated that he was considering accepting the case.However, he had not given Laube a final answer.Sakkie Kadila-Amoomo of Kinghorn Associates at Swakopmund finally confirmed that he would represent Laube on condition that he received a deposit on his fee and that he be given time to familiarise himself with the case.After brief testimony from one witness, the trial was rescheduled for October 10 to 20.”We will finish this trial during that week, come hell or high water,” said the Magistrate.”Any further request for a postponement will prove to me that you are abusing the system.”Since Laube’s first appearance in the Swakopmund Magistrate’s Court in the same month he was arrested, the case has seen some 15 postponements.One delay came in the form of a High Court order in favour of Laube’s application to have Swakopmund Magistrate Gibson Imbili recuse himself on the grounds that Imbili allegedly had a personal interest in the matter.Yesterday, before he appointed Kadila-Amoomo as his lawyer, Laube questioned the fairness, in his view, of being given 18 hours to prepare his own defence after, according to him, the State had caused so many delays before.Jacobs raised the question of why Laube had not reappointed his previous lawyer, who had been working on the case for the past two years, after managing to raise the necessary funds.Laube told the Swakopmund Magistrate’s Court yesterday that he had had no option but to sell one of his businesses, presumably the gymnasium, for a “pathetic price” to raise funds to continue his defence.After two years of continuous postponements, presiding Magistrate Vicky Nicolaides was determined to wrap up the case this week.Yesterday afternoon, however, State Prosecutor Heidi Jacobs and all witnesses had to be content with yet another postponement.On Monday already, Laube had requested that the case be postponed again because his former lawyer, Eugene Thomas, had withdrawn from the case, supposedly because Laube’s financial status had taken a nosedive and he could no longer afford the lawyer.State Prosecutor Heidi Jacobs objected, accusing Laube of employing delaying tactics.Magistrate Nicolaides was also unmoved by Laube’s appeal.She said he had had ample time to prepare and make the necessary arrangements for representation.She insisted that the matter proceed this week with or without a representative for the defence.The Magistrate then gave Laube until Tuesday morning to study the docket and prepare to defend himself.Yesterday, Magistrate Nicolaides issued a stern warning that this would be the final delay.After much scurrying around by the accused during several recesses to confirm his new representation, the Magistrate conceded that the fairness of the trial would hang in the balance, should Laube have to handle his own defence.”I don’t want him [Laube] not to be represented.That would be another nightmare,” she said.Throughout the day, Laube tried to get confirmation from Windhoek-based lawyer Jorge Neves on whether he would be able to represent him.Apparently Neves could not be reached, but had previously indicated that he was considering accepting the case.However, he had not given Laube a final answer.Sakkie Kadila-Amoomo of Kinghorn Associates at Swakopmund finally confirmed that he would represent Laube on condition that he received a deposit on his fee and that he be given time to familiarise himself with the case.After brief testimony from one witness, the trial was rescheduled for October 10 to 20.”We will finish this trial during that week, come hell or high water,” said the Magistrate.”Any further request for a postponement will prove to me that you are abusing the system.”Since Laube’s first appearance in the Swakopmund Magistrate’s Court in the same month he was arrested, the case has seen some 15 postponements.One delay came in the form of a High Court order in favour of Laube’s application to have Swakopmund Magistrate Gibson Imbili recuse himself on the grounds that Imbili allegedly had a personal interest in the matter.Yesterday, before he appointed Kadila-Amoomo as his lawyer, Laube questioned the fairness, in his view, of being given 18 hours to prepare his own defence after, according to him, the State had caused so many delays before.Jacobs raised the question of why Laube had not reappointed his previous lawyer, who had been working on the case for the past two years, after managing to raise the necessary funds.