THE High Court trial of a farmworker accused of murdering a Tsumeb doctor at his farm close to the Etosha National Park early last year failed to get out of the starting blocks as planned this week.
Having missed its scheduled starting date on Monday, the trial of Josef Naseb (50) is now scheduled to take place in the High Court on February 13 and 14 next year. The trial could not begin because Naseb’s appointed defence counsel, Unanisa Hengari, had not been able to take proper instructions from his client in good time, Judge Mavis Gibson was informed when Naseb appeared before her on Monday.Naseb has been in Police custody since his arrest on February 4 last year.He is set to remain in custody until the start of the trial.Before Naseb’s court appearance this week, indications from Naseb and his legal representative have been that Naseb intends to plead guilty to most of the eight charges on which he is arraigned in the High Court.Naseb is accused of murdering 66-year-old medical doctor Andries Lucas van Coller at the latter’s farm, Verweg, some 65 kilometres northwest of Tsumeb and close to the Namutoni entrance to the Etosha National Park on February 2 last year.It is alleged that Van Coller had employed Naseb as a farm labourer the day before the incident.On the day of the murder, it is alleged in the indictment against Naseb, he broke into a garage at the farm, broke open a gun safe and stole four rifles.He then allegedly went to a place where other workers at the farm were working on a fence, and there he used one of the stolen rifles to shoot one of the workers, Phillipus Shitelana, in the stomach before returning to the farmhouse.Van Coller was not at the farm at the time.On Van Coller’s return to the farm later the same day, Naseb allegedly turned one of the stolen guns on the doctor, killing him by shooting him several times.He thereafter stole some N$400 in cash from Van Coller, and also broke into Van Coller’s vehicle and house and two workers’ houses at the farm, stealing a wide array of items – including food, clothing, knives, bedding and beer – before fleeing the scene of the crime, it is alleged.Naseb was arrested at Tsumeb two days later.The first occasion on which he formally gave his pleas on the charges against him came in January this year, when he made an appearance in the Tsumeb Magistrate’s Court.In a detailed statement setting out his pleas, Naseb stated that he would plead guilty to murder, a charge of attempted murder, two counts of housebreaking with intent to steal and theft, a count of theft and another charge of theft out of a motor vehicle.He would however deny guilt on two more counts of housebreaking with intent to steal and theft, and would instead admit guilt to theft in respect of those two charges, it was stated in the document, which was signed by him.On the murder charge, he will admit that he shot Van Coller, who was unarmed, from behind with a 30-06 rifle, and that he shot Van Coller with the intention to kill him, it was stated.Naseb would further admit that when he shot Shitelana in the stomach, he also intended to kill him, the court was further informed.Deputy Prosecutor General Heidi Jacobs represented the State during Monday’s court appearance by Naseb.The trial could not begin because Naseb’s appointed defence counsel, Unanisa Hengari, had not been able to take proper instructions from his client in good time, Judge Mavis Gibson was informed when Naseb appeared before her on Monday.Naseb has been in Police custody since his arrest on February 4 last year.He is set to remain in custody until the start of the trial.Before Naseb’s court appearance this week, indications from Naseb and his legal representative have been that Naseb intends to plead guilty to most of the eight charges on which he is arraigned in the High Court.Naseb is accused of murdering 66-year-old medical doctor Andries Lucas van Coller at the latter’s farm, Verweg, some 65 kilometres northwest of Tsumeb and close to the Namutoni entrance to the Etosha National Park on February 2 last year.It is alleged that Van Coller had employed Naseb as a farm labourer the day before the incident.On the day of the murder, it is alleged in the indictment against Naseb, he broke into a garage at the farm, broke open a gun safe and stole four rifles.He then allegedly went to a place where other workers at the farm were working on a fence, and there he used one of the stolen rifles to shoot one of the workers, Phillipus Shitelana, in the stomach before returning to the farmhouse.Van Coller was not at the farm at the time.On Van Coller’s return to the farm later the same day, Naseb allegedly turned one of the stolen guns on the doctor, killing him by shooting him several times.He thereafter stole some N$400 in cash from Van Coller, and also broke into Van Coller’s vehicle and house and two workers’ houses at the farm, stealing a wide array of items – including food, clothing, knives, bedding and beer – before fleeing the scene of the crime, it is alleged.Naseb was arrested at Tsumeb two days later.The first occasion on which he formally gave his pleas on the charges against him came in January this year, when he made an appearance in the Tsumeb Magistrate’s Court.In a detailed statement setting out his pleas, Naseb stated that he would plead guilty to murder, a charge of attempted murder, two counts of housebreaking with intent to steal and theft, a count of theft and another charge of theft out of a motor vehicle.He would however deny guilt on two more counts of housebreaking with intent to steal and theft, and would instead admit guilt to theft in respect of those two charges, it was stated in the document, which was signed by him.On the murder charge, he will admit that he shot Van Coller, who was unarmed, from behind with a 30-06 rifle, and that he shot Van Coller with the intention to kill him, it was stated.Naseb would further admit that when he shot Shitelana in the stomach, he also intended to kill him, the court was further informed.Deputy Prosecutor General Heidi Jacobs represented the State during Monday’s court appearance by Naseb.
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