Thomas' legal woes continue
Thomas' legal woes continue

Thomas' legal woes continue

The accused's fourth lawyer is unable to appear for him during the set period for trial due to other commitments.
Fred Goeieman
American murder accused Marcus Thomas' new legal aid lawyer will not be able to represent him during the period set down for the trial.

Thomas and fellow American Kevin Donnell Townsend are on trial in the High Court for allegedly murdering Cattle Baron heir Andre Heckmair in 2011.

On Monday, his previous attorney Kadhila Amoomo told the court he cannot represent Thomas, as he is representing Ashley Hendricks, one of the state witnesses in the Heckmair murder trial.

Amoomo said he is representing Hendricks in another case before the Katutura Magistrate's Court.

Thomas' latest lawyer, Gilroy Kasper, informed Judge Christie Liebenberg yesterday he is not available for the period in which the trial is scheduled to run, as he has other engagements at the same time. The judge remanded the matter until this morning to sort out the impasse.

“I will take the matter to the legal aid and they will come back and inform the court what the further arrangements will be,” Kasper said.

Meanwhile, Townsend informed the court he wants the proceedings to be halted in anticipation of the outcome of an application lodged by former magistrate Jaco Kennedy against the prosecutor-general and the state, as it may have a bearing on his case.

He also alleged prosecutor Antonia Verhoef is bias against him.

However, Judge Liebenberg informed Townsend he is not going to entertain his application and told him he should launch it through his lawyer.

On Monday Amoomo said he cannot continue to represent Thomas.

“For ethical reasons I cannot under such circumstances act in the trial, otherwise it will be a conflict of interest,” Amoomo said.

Liebenberg then postponed the matter until yesterday to allow the directorate of legal aid to appoint another lawyer.

Last year both accused petitioned the Supreme Court to have Liebenberg recused from the case because of alleged bias. The petition was lodged after Liebenberg dismissed the application in the High Court to recuse himself.

The accused have now managed to stall the trial for about six years and in the process five lawyers have subsequently withdrawn.

The two Americans are on trial for allegedly killing Heckmair on 7 January 2011 in Gusinde Street in Windhoek.

They are further accused of robbery with aggravating circumstances, three counts of contravening the Ammunitions Act and one count of defeating or obstructing or attempting to defeat or obstruct the course of justice.

Advocate Verhoef is appearing for the state, while Mbanga Siyomuinji appears for Townsend.

FRED GOEIEMAN

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Namibian Sun 2024-11-23

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