A former security company employee accused of robbing and murdering a colleague in November 2011 has been referred for psychiatric observation after repeated temper outbursts and bouts of shouting during appearances in the Windhoek High Court.
Judge Claudia Claasen ordered that Theodor Shipanga (48) go through a period of psychiatric observation after Shipanga’s latest volatile court appearance before her yesterday.
Having ordered Shipanga’s removal from the courtroom because of disruptive behaviour in April this year, Claasen again directed police officers twice yesterday to remove him from her courtroom.
That was after Shipanga had become agitated and begun shouting while talking to the judge.
Shipanga, who has chosen not to be represented by a defence lawyer during his trial before Claasen, has been recalcitrant during several appearances in the Windhoek High Court, where his trial started in July last year.
The trial began with Shipanga refusing to give his pleas to the charges he is facing, after which Claasen recorded pleas of not guilty on his behalf.
He has repeatedly claimed he has not been properly charged and that court proceedings in his trial are unconstitutional.
Shipanga is charged with counts of murder, robbery with aggravating circumstances and defeating or obstructing the course of justice.
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.
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 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 alleging as well.
Shipanga was arrested after he had gone to a police station in Windhoek to report that he had been robbed. The state is alleging that his report to the police was false and was aimed at frustrating the police’s investigation of the robbery he is claimed to have carried out.
He made several appearances in the Windhoek Magistrate’s Court at Katutura until his case was struck off the court roll in May 2014, when a magistrate refused to grant a further postponement to await a decision of the prosecutor general in the matter.
Shipanga appeared in court again in July 2020, after the charges against him had been reinstated.
During his court appearance yesterday, Shipanga claimed he was not charged when he was arrested and that the prosecutor general indicted him wrongly and unconstitutionally.
He also said he was arrested on false allegations and that he knew nothing about the crimes he is alleged to have committed.
It was unconstitutional to record pleas on his behalf, and a previous court order in terms of which he was referred for psychiatric observation before his trial started was also unconstitutional, Shipanga added.
After being addressed by Shipanga, Claasen expressed her doubts about his ability to understand court proceedings.
She also said she has realised that Shipanga’s strategy was to derail court proceedings by being disruptive, shouting and rambling on incoherently.
This remark set off another bout of shouting by Shipanga, who was then ordered to be removed from the court.
Having noted Shipanga’s “unruly and aggressive behaviour and rambling statements to court”, it appeared to be necessary to refer him for mental observation, Claasen said after he had returned to the courtroom.
The judge postponed Shipanga’s case to 9 July.
Shipanga is being held in custody.
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