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Murder, robbery accused dismisses lawyer

Teodor Shipanga

A former security company employee accused of robbing and murdering a colleague near the end of 2011 is again without legal representation, after dismissing his defence lawyer yesterday.

Lawyer Enos Mwakondange informed judge Claudia Claasen in the Windhoek High Court yesterday that his client Teodor Shipanga has dismissed him.

Mwakondange conveyed this to the judge after Shipanga claimed he has not been arrested or charged, and that his trial is unconstitutional.

“This is not a court of law and order. This is something else,” an agitated Shipanga shouted as he addressed the judge from the dock.

He also claimed he is being detained unconstitutionally and his human rights are being violated.

His trial, which started in July last year, must be stopped until a document that he wants from the prosecution has been given to him, Shipanga said.

Shipanga’s trial started with a refusal from him to plead to the three charges on which he is being prosecuted.

Claasen recorded pleas of not guilty on counts of murder, robbery with aggravating circumstances and defeating or obstructing the course of justice after Shipanga’s refusal to plead.

The state is alleging that Shipanga murdered a fellow employee of a security company, Shain van Wyk (22), between Otjiwarongo and Okahandja on 11 November 2011 by shooting him in the head with a shotgun.

Van Wyk was killed while he and Shipanga were returning to Windhoek with money they had collected at banks in northern Namibia and at Otjiwarongo.

Van Wyk’s body was left in a culvert under the B1 road between Otjiwarongo and Okahandja.

The state is also alleging that Shipanga robbed Van Wyk by stealing an amount of at least N$2.49 million, and the cash-in-transit vehicle in which they were travelling, from him.

Shipanga is alleged to have returned to Windhoek with the vehicle, which was left in the city’s Ombili area.

It is also alleged that Shipanga removed money from the vehicle, set it on fire and left his security company uniform at the scene where the vehicle was abandoned.

About N$1.2 million that was part of the money stolen from the cash-in-transit vehicle was found hidden at the home of siblings of Shipanga in the Havana area of Windhoek on 13 November 2011, the state is also alleging.

Claasen reminded Shipanga yesterday that he is facing serious charges and needs to have legal representation.

His trial, in which only one state witness’ testimony has been concluded so far, is underway and will not go away, Claasen said.

She also reminded Shipanga he has had four defence lawyers instructed by the Directorate of Legal Aid to represent him, and said Shipanga has, however, been refusing to work with his lawyers.

“You are prolonging your own trial, and you are prolonging your own period in detention, but you don’t see it at this point,” Claasen said.

“The way you are behaving, you are making it very difficult to have orderly proceedings, where people can understand each other and follow each other,” she added.

Claasen postponed Shipanga’s case to 27 February to give him time to apply for legal aid again.

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