Americans want to appeal sentences
Two American nationals, who were given harsh sentences last month for the murder of Andre Heckmair, appeared in the Windhoek High Court yesterday for their intended applications for leave to appeal.
However, the applications were not heard and the case was postponed to January.
Marcus Thomas and Kevan Townsend want to appeal against their sentencing and conviction in the Supreme Court, but must both first be granted an application for leave in the High Court.
Although the applications are in the pipeline, the case could not continue yesterday as Thomas' legal representative, Salomon Kanyemba, withdrew from the case.
Thomas told Judge Christie Liebenberg that he plans to hire a private lawyer.
Liebenberg adjourned the matter until 29 January 2024 to give Thomas time to obtain other legal representation.
The reason why Thomas wants to hire a private lawyer is because he is set to be transferred from the Windhoek Central Prison to the Hardap Correctional Facility in Mariental.
He believes this move will make regular consultations with legal aid lawyers impossible.
Transfer
According to Namibian Correctional Service (NCS) Commissioner-General Raphael Hamunyela, Thomas is being transferred to start his rehabilitation programme.
"Each case is different and the risks and needs of each prisoner are taken into account in this process," he told Namibia Media Holdings.
Meanwhile, Townsend's legal representative Mbanga Siyomuinji said they are ready to proceed with the application for leave to appeal.
Public prosecutor Antonia Verhoef has also indicated that she is ready to forge ahead.
During yesterday's proceedings, Liebenberg said the best option would be to hear the two applications at the same time, but he conceded that the delay caused by Thomas' lack of legal representation could potentially prejudice Townsend.
Siyomuinji agreed to the postponement, but stressed that they would prefer not to waste any further time.
Sentences
Three weeks ago, Townsend and Thomas were sentenced to 29 and 30 years in prison respectively.
Liebenberg pointed out in his verdict that neither of the men showed any remorse and that the motive for the murder is still unknown.
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However, the applications were not heard and the case was postponed to January.
Marcus Thomas and Kevan Townsend want to appeal against their sentencing and conviction in the Supreme Court, but must both first be granted an application for leave in the High Court.
Although the applications are in the pipeline, the case could not continue yesterday as Thomas' legal representative, Salomon Kanyemba, withdrew from the case.
Thomas told Judge Christie Liebenberg that he plans to hire a private lawyer.
Liebenberg adjourned the matter until 29 January 2024 to give Thomas time to obtain other legal representation.
The reason why Thomas wants to hire a private lawyer is because he is set to be transferred from the Windhoek Central Prison to the Hardap Correctional Facility in Mariental.
He believes this move will make regular consultations with legal aid lawyers impossible.
Transfer
According to Namibian Correctional Service (NCS) Commissioner-General Raphael Hamunyela, Thomas is being transferred to start his rehabilitation programme.
"Each case is different and the risks and needs of each prisoner are taken into account in this process," he told Namibia Media Holdings.
Meanwhile, Townsend's legal representative Mbanga Siyomuinji said they are ready to proceed with the application for leave to appeal.
Public prosecutor Antonia Verhoef has also indicated that she is ready to forge ahead.
During yesterday's proceedings, Liebenberg said the best option would be to hear the two applications at the same time, but he conceded that the delay caused by Thomas' lack of legal representation could potentially prejudice Townsend.
Siyomuinji agreed to the postponement, but stressed that they would prefer not to waste any further time.
Sentences
Three weeks ago, Townsend and Thomas were sentenced to 29 and 30 years in prison respectively.
Liebenberg pointed out in his verdict that neither of the men showed any remorse and that the motive for the murder is still unknown.
– [email protected]
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