Now Caprivi 13 charged with ‘stealing ivory, car keys’

AS THE Police maintained their silence yesterday over the legal basis for their rearrest of the 13 Caprivi high treason accused, the men themselves have told their lawyers that they now stand charged with illegal possession of ivory, common assault and theft of car keys.

All day, the Police at Grootfontein and at their Windhoek headquarters kept up a stony silence about the group and details of the charges they supposedly now face. Indications are that the defence lawyers – who have taken it upon themselves to continue representing the nominally free men following their rearrest – are looking at bringing an urgent application before the court to force the authorities to obey this week’s judicial order.By late yesterday afternoon the group had been in renewed custody for almost 48 hours, the maximum period allowed by the Constitution for anyone to be kept under arrest without appearing in court.With that period nearly elapsed, none of the 13 had appeared in court here, nor was there any official indication that they would do so here rather than elsewhere.According to sources, the group’s members have told their lawyers that they were handed documents attesting to their release at about 22h30 on Monday, some five-and-a-half hours after Judge Elton Hoff had ordered them freed because they had been irregularly brought before the High Court.Immediately after being given these documents, the freed defendants were told that they were being rearrested and charged with assault, theft of vehicle keys and possession of ivory.The 13 are John Samboma, alleged commander of the Caprivi Liberation Army, the outfit accused of having carried out armed attacks on Government targets at Katima Mulilo on August 2 1999; his brother, Charles Samboma; Richard Libano Misuha; Oscar Muyuka Puteho; Richard John Samati; Moses Limbo Mushwena; Thaddeus Siyoka Ndala; Martin Siano Tubaundule; Oscar Nyambe Puteho; Charles Mafenyeho Mushakwa; Fred Maemelo Ziezo; Andreas Mulupa; and Osbert Mwenyi Likanyi.They were discharged from the high treason case after Judge Hoff ruled that proper extradition procedures had not been followed when they were brought to Namibia from Zambia or Botswana.He also stated that under the Criminal Procedure Act a ruling that a court lacks jurisdiction does not mean they have been acquitted on the charges against them.According to sources other than those quoted above, the 13 after their rearrest were at first refused permission to see their lawyers but this access was granted on Tuesday.Rearresting the treason accused was the only nominally legal way open to the Police of keeping the group in custody pending an appeal against Judge Hoff’s ruling.On Monday the prosecution is set to ask the Judge to allow it to appeal to the Supreme Court.There is no automatic right of appeal.Yesterday’s official silence on the rationale for the men’s rearrest was maintained at several levels.The commanding officer at the Police Public Relations Office, Deputy Commissioner Hophni Hamufungu, said he had no information about the matter although he had tried to obtain details.At Grootfontein, Deputy Commissioner Gerson Naweseb who, Police sources claim, is in charge of preparing the new case against the 13, failed to respond to repeated messages left on his phone.In the afternoon, The Namibian visited him at the office being used by the Police team working on the case, but he claimed to be in a meeting and asked to be contacted at a later time, which he specified.When that time came, he was again unavailable.Indications are that the defence lawyers – who have taken it upon themselves to continue representing the nominally free men following their rearrest – are looking at bringing an urgent application before the court to force the authorities to obey this week’s judicial order. By late yesterday afternoon the group had been in renewed custody for almost 48 hours, the maximum period allowed by the Constitution for anyone to be kept under arrest without appearing in court. With that period nearly elapsed, none of the 13 had appeared in court here, nor was there any official indication that they would do so here rather than elsewhere. According to sources, the group’s members have told their lawyers that they were handed documents attesting to their release at about 22h30 on Monday, some five-and-a-half hours after Judge Elton Hoff had ordered them freed because they had been irregularly brought before the High Court. Immediately after being given these documents, the freed defendants were told that they were being rearrested and charged with assault, theft of vehicle keys and possession of ivory. The 13 are John Samboma, alleged commander of the Caprivi Liberation Army, the outfit accused of having carried out armed attacks on Government targets at Katima Mulilo on August 2 1999; his brother, Charles Samboma; Richard Libano Misuha; Oscar Muyuka Puteho; Richard John Samati; Moses Limbo Mushwena; Thaddeus Siyoka Ndala; Martin Siano Tubaundule; Oscar Nyambe Puteho; Charles Mafenyeho Mushakwa; Fred Maemelo Ziezo; Andreas Mulupa; and Osbert Mwenyi Likanyi. They were discharged from the high treason case after Judge Hoff ruled that proper extradition procedures had not been followed when they were brought to Namibia from Zambia or Botswana. He also stated that under the Criminal Procedure Act a ruling that a court lacks jurisdiction does not mean they have been acquitted on the charges against them. According to sources other than those quoted above, the 13 after their rearrest were at first refused permission to see their lawyers but this access was granted on Tuesday. Rearresting the treason accused was the only nominally legal way open to the Police of keeping the group in custody pending an appeal against Judge Hoff’s ruling. On Monday the prosecution is set to ask the Judge to allow it to appeal to the Supreme Court. There is no automatic right of appeal. Yesterday’s official silence on the rationale for the men’s rearrest was maintained at several levels. The commanding officer at the Police Public Relations Office, Deputy Commissioner Hophni Hamufungu, said he had no information about the matter although he had tried to obtain details. At Grootfontein, Deputy Commissioner Gerson Naweseb who, Police sources claim, is in charge of preparing the new case against the 13, failed to respond to repeated messages left on his phone. In the afternoon, The Namibian visited him at the office being used by the Police team working on the case, but he claimed to be in a meeting and asked to be contacted at a later time, which he specified. When that time came, he was again unavailable.