Dippenaar sentencing arguments in August
Extension granted
Dippenaar's legal team was granted a request for postponement in order to prepare for the pre-sentencing hearings.
Jandre Dippenaar, who was supposed to hear his fate in the Swakopmund Regional Court this week, will remain in custody until August, when pre-sentencing arguments will be delivered between 20 and 22 August.
This follows after Dippenaar’s lawyer, Petrie Theron, brought an application for postponement before magistrate Gaynor Poulton.
Dippenaar has appointed another legal representative, advocate Albert Strydom, and requested to be evaluated by psychologist Dr Willem Aldeman.
The court earlier questioned the objectivity of a previous psychologist, Dr Stephanie Badenhorst, who testified during the trial.
Last week, Poulton found Dippenaar guilty on six counts of murder, one of reckless or negligent driving, as well as a charge of driving without a valid license for a horrific car crash that took place in December 2014.
Dippenaar, driving an FJ Cruiser, collided head-on with a Ford Ranger carrying German tourists Markus Joschko, his wife Stephanie, and their daughters Alexandra and Antonia (then 16 years old).
Dippenaar and Antonia were the only survivors of the accident.
‘Not ready to proceed’
During cross-examination, Poulton said Badenhorst had "openly sympathised" and had broken down in court.
"She also said that Dippenaar should be evaluated by a neurologist. This cast doubt on the objectivity of the witness," Poulton said.
According to Dippenaar’s testimony, he claimed he could only remember up to Mile 28 and that he woke up in the hospital the next day. Based on the new information revealed last Thursday, Theron applied for a postponement of the pre-sentencing hearing.
“The defence is not ready to proceed, especially after the untimely passing of Advocate Botes in May, who had been with the case since the beginning and was the lead counsel.”
He explained that it was Dippenaar’s choice to appoint senior counsel, and it was also his advice to do so, hence the appointment of Strydom.
“The extensive record of this case, along with its exhibits, spans almost 6 000 pages. Advocate Strydom has indicated that he is prepared and willing to assist but needs time to evaluate all case materials. This is a highly technical matter with technical evidence that necessitates senior counsel.”
‘Delay tactics’
State prosecutor advocate Henry Muhungo argued that “justice delayed is justice denied. The matter of evidence is not a factor at this stage of the trial.”
After a brief recess, Poulton granted the extension request.
“Article 12 guarantees the right to a fair trial, including sentencing,” Poulton said.
Theron then submitted a formal bail application, which was denied.
Antonia Joschko, who was present at the judgment last week, postponed her flight until Wednesday to testify in the pre-sentencing hearing.
“It’s frustrating. It’s the same with the civil matter at the High Court. We haven’t even started with the witness statements; they are employing the same delay tactics. It’s frustrating," she said.
This follows after Dippenaar’s lawyer, Petrie Theron, brought an application for postponement before magistrate Gaynor Poulton.
Dippenaar has appointed another legal representative, advocate Albert Strydom, and requested to be evaluated by psychologist Dr Willem Aldeman.
The court earlier questioned the objectivity of a previous psychologist, Dr Stephanie Badenhorst, who testified during the trial.
Last week, Poulton found Dippenaar guilty on six counts of murder, one of reckless or negligent driving, as well as a charge of driving without a valid license for a horrific car crash that took place in December 2014.
Dippenaar, driving an FJ Cruiser, collided head-on with a Ford Ranger carrying German tourists Markus Joschko, his wife Stephanie, and their daughters Alexandra and Antonia (then 16 years old).
Dippenaar and Antonia were the only survivors of the accident.
‘Not ready to proceed’
During cross-examination, Poulton said Badenhorst had "openly sympathised" and had broken down in court.
"She also said that Dippenaar should be evaluated by a neurologist. This cast doubt on the objectivity of the witness," Poulton said.
According to Dippenaar’s testimony, he claimed he could only remember up to Mile 28 and that he woke up in the hospital the next day. Based on the new information revealed last Thursday, Theron applied for a postponement of the pre-sentencing hearing.
“The defence is not ready to proceed, especially after the untimely passing of Advocate Botes in May, who had been with the case since the beginning and was the lead counsel.”
He explained that it was Dippenaar’s choice to appoint senior counsel, and it was also his advice to do so, hence the appointment of Strydom.
“The extensive record of this case, along with its exhibits, spans almost 6 000 pages. Advocate Strydom has indicated that he is prepared and willing to assist but needs time to evaluate all case materials. This is a highly technical matter with technical evidence that necessitates senior counsel.”
‘Delay tactics’
State prosecutor advocate Henry Muhungo argued that “justice delayed is justice denied. The matter of evidence is not a factor at this stage of the trial.”
After a brief recess, Poulton granted the extension request.
“Article 12 guarantees the right to a fair trial, including sentencing,” Poulton said.
Theron then submitted a formal bail application, which was denied.
Antonia Joschko, who was present at the judgment last week, postponed her flight until Wednesday to testify in the pre-sentencing hearing.
“It’s frustrating. It’s the same with the civil matter at the High Court. We haven’t even started with the witness statements; they are employing the same delay tactics. It’s frustrating," she said.
Comments
Namibian Sun
No comments have been left on this article