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Wait for test results delays stabbing trial

Wait for test results delays stabbing trial

THE repeatedly delayed High Court trial of murder suspect Sean Burger this week stumbled once more over an obstacle that seems to be becoming a pattern in criminal trials in Namibia’s courts.

When Burger (37) made another appearance before Judge Kato van Niekerk on Tuesday, more than three months had passed since the Judge had asked for additional forensic examinations on some exhibits in the case. These include a pair of allegedly blood-spattered shoes belonging to Burger and a number of blood-smeared kitchen knives or broken knife blades and handles.All of these are claimed to be linked to the killing of a female friend of Burger, Theresia Viljoen (29), in her home in Behring Street, Windhoek West, on September 15 2002.Yet, this week the results of the tests requested from the National Forensic Science Institute of Namibia in mid-May were still not available.When Burger’s case was last before court – in mid-June – the court had already been informed by Public Prosecutor Frieda Kishi that Dr Paul Ludik, Director of the Institute, had told her that the test results would be available in a week.On Tuesday, when Deputy Prosecutor General Antonia Verhoef appeared before Judge Van Niekerk in Kishi’s place, as Kishi has resigned from the State, she told the court that the latest word from the Institute was that the test results would still take more than a week.This highlights a persistent problem that has plagued numerous other cases in Namibia’s courts in recent years.Cases have had to be postponed repeatedly because test results from the Institute remain outstanding for long periods of time.This time, Dr Ludik will be asked to explain what is going on, though.Judge Van Niekerk, remarking that she was quite unhappy with this state of affairs, ordered that Ludik be subpoenaed to appear before her in the High Court on September 27 to give an explanation for the delays.Until then, Burger will remain in custody.He was arrested a day after Viljoen’s death, and has now been in custody for two years.Burger’s trial started in the High Court on May 6, when he pleaded guilty to the murder charge against him.He is accused of having killed Viljoen by stabbing her 21 times.He allegedly used three knives – two of the knives broke in the process of the attack.Judge Van Niekerk, however, entered a plea of not guilty after Burger, while testifying on the events in Viljoen’s flat on September 15 2002, claimed that he could not remember exactly how many times he had stabbed her, and stopped short of admitting that he intended to kill her.These include a pair of allegedly blood-spattered shoes belonging to Burger and a number of blood-smeared kitchen knives or broken knife blades and handles.All of these are claimed to be linked to the killing of a female friend of Burger, Theresia Viljoen (29), in her home in Behring Street, Windhoek West, on September 15 2002.Yet, this week the results of the tests requested from the National Forensic Science Institute of Namibia in mid-May were still not available.When Burger’s case was last before court – in mid-June – the court had already been informed by Public Prosecutor Frieda Kishi that Dr Paul Ludik, Director of the Institute, had told her that the test results would be available in a week.On Tuesday, when Deputy Prosecutor General Antonia Verhoef appeared before Judge Van Niekerk in Kishi’s place, as Kishi has resigned from the State, she told the court that the latest word from the Institute was that the test results would still take more than a week.This highlights a persistent problem that has plagued numerous other cases in Namibia’s courts in recent years.Cases have had to be postponed repeatedly because test results from the Institute remain outstanding for long periods of time.This time, Dr Ludik will be asked to explain what is going on, though.Judge Van Niekerk, remarking that she was quite unhappy with this state of affairs, ordered that Ludik be subpoenaed to appear before her in the High Court on September 27 to give an explanation for the delays.Until then, Burger will remain in custody.He was arrested a day after Viljoen’s death, and has now been in custody for two years.Burger’s trial started in the High Court on May 6, when he pleaded guilty to the murder charge against him.He is accused of having killed Viljoen by stabbing her 21 times.He allegedly used three knives – two of the knives broke in the process of the attack.Judge Van Niekerk, however, entered a plea of not guilty after Burger, while testifying on the events in Viljoen’s flat on September 15 2002, claimed that he could not remember exactly how many times he had stabbed her, and stopped short of admitting that he intended to kill her.

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