Grootfontein shooting trial date set

THE start of the High Court trial of Grootfontein resident Dewald Ludeke, who is charged with murder over the shooting death of a friend that he claimed had committed suicide, was postponed again on Friday, this time by close to two months.

Ludeke (29) has already pleaded not guilty in the Grootfontein Magistrate’s Court to a charge that he had murdered the 27-year-old Elmar Kotze on October 2 2002. Kotze died from a gunshot wound to the head in Ludeke’s flat at Grootfontein.It is claimed that Ludeke told the Police after the incident that Kotze had shot himself with a pistol belonging to Ludeke.However, a murder investigation was started and Ludeke was arrested and charged five days after Kotze’s death.It is claimed that investigations showed that no gunpowder residue could be detected on Kotze’s hands, whereas it would have been expected to be present if he had shot himself.The placement of the fatal gunshot wound on his head – just above his hairline on the right-hand side above his forehead – was also considered unusual for a suicide, and no signs of burning or soot were found around the entrance wound, as would also have been expected if he had put a gun against his head and shot himself, the State is to allege at the trial.Ludeke’s trial had been scheduled to start in the High Court in Windhoek on July 7, but was put off for a week because his defence counsel, Rudi Cohrssen, was not available at the earlier date.On Friday, Cohrssen appeared on Ludeke’s behalf before Acting Judge Simpson Mtambanengwe, but again the trial could not proceed.With Deputy Prosecutor-General Job Kozonguizi, who is to represent the State at the trial, involved in another trial in the High Court for two days this week, Cohrssen told the Acting Judge that it would result in “a piecemeal adjudication” of the matter if the trial were to start, only to be interrupted again for a few days before it could go on.Acting Judge Mtambanengwe agreed on that score, remarking that it was undesirable and would be inconvenient if the trial were to proceed by stops and starts.Cohrssen also raised a second point on Friday, telling the court that the case would centre on forensic evidence.He explained that forensic specialists in South Africa had been instructed to examine evidence on Ludeke’s behalf, but that colour photographs needed for this purpose had been provided to the defence only on Thursday.The trial is now scheduled to start on September 19.It has been set down to run to September 29.Ludeke remains free on bail in the meantime.Kotze died from a gunshot wound to the head in Ludeke’s flat at Grootfontein.It is claimed that Ludeke told the Police after the incident that Kotze had shot himself with a pistol belonging to Ludeke.However, a murder investigation was started and Ludeke was arrested and charged five days after Kotze’s death.It is claimed that investigations showed that no gunpowder residue could be detected on Kotze’s hands, whereas it would have been expected to be present if he had shot himself.The placement of the fatal gunshot wound on his head – just above his hairline on the right-hand side above his forehead – was also considered unusual for a suicide, and no signs of burning or soot were found around the entrance wound, as would also have been expected if he had put a gun against his head and shot himself, the State is to allege at the trial.Ludeke’s trial had been scheduled to start in the High Court in Windhoek on July 7, but was put off for a week because his defence counsel, Rudi Cohrssen, was not available at the earlier date.On Friday, Cohrssen appeared on Ludeke’s behalf before Acting Judge Simpson Mtambanengwe, but again the trial could not proceed.With Deputy Prosecutor-General Job Kozonguizi, who is to represent the State at the trial, involved in another trial in the High Court for two days this week, Cohrssen told the Acting Judge that it would result in “a piecemeal adjudication” of the matter if the trial were to start, only to be interrupted again for a few days before it could go on.Acting Judge Mtambanengwe agreed on that score, remarking that it was undesirable and would be inconvenient if the trial were to proceed by stops and starts.Cohrssen also raised a second point on Friday, telling the court that the case would centre on forensic evidence.He explained that forensic specialists in South Africa had been instructed to examine evidence on Ludeke’s behalf, but that colour photographs needed for this purpose had been provided to the defence only on Thursday.The trial is now scheduled to start on September 19.It has been set down to run to September 29.Ludeke remains free on bail in the meantime.