TWO long-running criminal trials – the one on a case dating back almost eight years – will have to start from square one again after the death of acting High Court Judge John Manyarara a month ago.
The late Acting Judge Manyarara was preparing the verdict to be delivered in the trial of murder, armed robbery and housebreaking suspects Joseph Gavin Gariseb (27) and Deon Garoëb (27) when he died on May 28. Another partly-heard trial, in which Gobabis resident Conradt Kharigub (21) is accused of raping and attempting to murder a young woman almost four years ago, was also still pending before Acting Judge Manyarara at the time of his death.Both trials now have to start afresh before another judge. The three men were informed of the new dates that have been set for their second trials when they made an appearance before Acting Judge President Elton Hoff in the High Court on Thursday last week.Gariseb and Garoëb are set to go on trial again from June 27 to July 26 next year.Kharigub’s new trial dates are from May 30 to June 17 next year.The trial of Gariseb and Garoëb started before Acting Judge Manyarara in mid-May 2008.They are accused of breaking into the house of an elderly goldsmith, Ludwig Wojatschek (79), at Okahandja during the night of September 14 to 15 2002, and of robbing and murdering Wojatschek during the incident.Both men pleaded not guilty to charges of murder and housebreaking with intent to rob and robbery with aggravating circumstances at the start of their trial.The trial turned into a drawn-out process, with the prosecution battling to get two alleged confessions by the two accused men admitted as evidence in the trial and Gariseb’s defence lawyer also withdrawing from the case because of conflicting instructions that he received from his client. The case was finally postponed for a judgement to be delivered in late October last year.Kharigub’s trial started before Acting Judge Manyarara in early February last year, when Kharigub pleaded not guilty to charges of rape and attempted murder.It is alleged that he carried out a vicious attack on a young woman at Gobabis in the early morning hours of October 15 2006. The woman was allegedly raped and almost killed when her attacker stabbed her with a broken bottle over her body, in her face and in her mouth.The prosecution was still presenting its case to the court when it was last postponed before Acting Judge Manyarara’s death.Gariseb and Garoëb have been in custody since mid-October 2002. Kharigub has been in custody since mid-October 2006. All three of them are remaining in custody pending the restart of their trials.
