Lawyer’s withdrawal trips up Katima Farm murder trial

THE trial of a Katima Mulilo resident accused of murdering his employer by shooting him with an AK 47 rifle in March 2005 failed to start in the High Court in Windhoek this week after the accused man’s defence lawyer withdrew from the case.

Directorate of Legal Aid counsel Duard Kesslau informed Judge Sylvester Mainga on Tuesday that he had to withdraw from representing Alfred Simasiku Sezuni (30) because he had been receiving conflicting instructions from Sezuni. Kesslau’s withdrawal threw the trial off track before it could even begin.With another lawyer, Louis Karsten, instructed to take Kesslau’s place but not able to proceed on Wednesday and yesterday, Judge Mainga had to postpone the trial to February next year.Thirteen witnesses had been subpoenaed to testify for the State, with most of these having been transported at State cost from Katima Mulilo to Windhoek for the trial.All these witnesses, as well as three witnesses who had travelled to the capital to give evidence in Sezuni’s defence, had to be excused until the case returns to court on February 13.Sezuni is accused of murdering Erasmus Jacques du Toit (41) at Katima Farm close to Katima Mulilo on March 1 2005.Sezuni was employed at the farm, where Du Toit was the farm manager.In the indictment Sezuni is set to face, it is alleged that he approached Du Toit while carrying an AK 47 rifle on the day of the incident.When Du Toit asked him where he got the rifle from, Sezuni fired two shots at Du Toit, hitting him in the chest and neck, it is alleged.Du Toit died at the scene.After his arrest, Sezuni claimed that a salary dispute with Du Toit had led to the shooting, it is also alleged, although this is not stated in the indictment.Sezuni is set to face charges of murder, illegal possession of an AK-47 rifle, and illegal possession of 22 live rounds of AK-47 ammunition at his trial.Sezuni is to remain in custody until the trial starts, Judge Mainga ordered this week.Kesslau’s withdrawal threw the trial off track before it could even begin.With another lawyer, Louis Karsten, instructed to take Kesslau’s place but not able to proceed on Wednesday and yesterday, Judge Mainga had to postpone the trial to February next year.Thirteen witnesses had been subpoenaed to testify for the State, with most of these having been transported at State cost from Katima Mulilo to Windhoek for the trial.All these witnesses, as well as three witnesses who had travelled to the capital to give evidence in Sezuni’s defence, had to be excused until the case returns to court on February 13.Sezuni is accused of murdering Erasmus Jacques du Toit (41) at Katima Farm close to Katima Mulilo on March 1 2005.Sezuni was employed at the farm, where Du Toit was the farm manager.In the indictment Sezuni is set to face, it is alleged that he approached Du Toit while carrying an AK 47 rifle on the day of the incident.When Du Toit asked him where he got the rifle from, Sezuni fired two shots at Du Toit, hitting him in the chest and neck, it is alleged.Du Toit died at the scene.After his arrest, Sezuni claimed that a salary dispute with Du Toit had led to the shooting, it is also alleged, although this is not stated in the indictment.Sezuni is set to face charges of murder, illegal possession of an AK-47 rifle, and illegal possession of 22 live rounds of AK-47 ammunition at his trial.Sezuni is to remain in custody until the trial starts, Judge Mainga ordered this week.