Townsend petitions JSC

One of the accused in the murder of André Heckmair is accusing the presiding judge in the recusal application lodged by his co-accused, of gross negligence and disgraceful public conduct during the arguments and subsequent judgment in the case in May and July. He is also alleging the judge has violated his constitutional rights.Kevan Townsend lodged a complaint against Judge Christie Liebenberg with the Judicial Service Commission. Liebenberg is the presiding judge in his and Marcus Thomas’s murder trial. Thomas had lodged a recusal application which was refused and he subsequently petitioned the Supreme Court to hear his appeal.Kevan Townsend, together with his co-accused Marcus Thomas, are accused of killing André Heckmair with a single gunshot to the back of the head on 7 January 2011 in Gusinde Street in Klein Windhoek. They allegedly robbed him of his cell phone and wallet containing at least 100 Swiss francs. Townsend alleges that Liebenberg, during arguments and his subsequent judgment in the recusal application, had provided a disclaimer to the state and defence saying he had received the heads of argument and neither of them needed to recite at length the contents, but should merely briefly highlight pertinent parts thereof. They were told to present any new thoughts or points relevant to their filed heads of argument.However, it is alleged that the judge stopped Townsend’s lawyer prematurely from doing so.“What transpired next was a gross and disgraceful public display of vitriol, open hostility, prejudicial bias and blatant ethical disregard, the true scope and extent of which is most faithfully conveyed through the study of the audio recordings that documented the proceedings,” Townsend says.In a sworn summary of the allege conduct, which was provided to Namibian Sun, he maintains that Liebenberg persistently and constantly interrupted both defence lawyers which he argues was an overt attempt to intimidate them through a demeaning and argumentative posture.“It was a blatant use of the tactics of coercion against the defence lawyers during court proceedings in an attempt to force them away from their legal reasoning and stance, into submissive position of consent with his position,” the accused argued.He alleges the judge disregarded his disclaimer by allowing State Advocate Antonia Verhoef a disproportionate amount of time to recite her previously filed heads of arguments while simultaneously displaying gross impatience with the defence when they attempt to present legal contentions and rebuttals to the court.The judge is accused of displaying “malicious condescension at any and all validating legal elements of the defence, their legal reference and/or merits, and their supporting case law in a malignant attempt to embarrass and undermine the validity of their defence lawyers’ legal assertions”.“He submitted our defence counsel to demonstrative and belittling outbursts of vituperation in apparent attempt to demoralise them,” he said.In his summary, Townsend alleges the judge “intentionally steered the court deliberations to suit his agenda instead of adopting an impartial and objective tone of sincere and observed considerations”.“He chose a combative, accusing and demeaning tone of hostility in defending his actions rather than earnestly addressing the merits of the defence’s assertions,” he said.The complaint has not yet been submitted to the Judicial Commission.Meanwhile, the absence of Townsend’s counsel Mbanga Siyomunji on Tuesday, upset Judge Liebenberg. Siyomunji is said to be ill.The judge expressed his discontent with the conduct of the lawyer, who allegedly on Monday, through a Whatsapp message, informed everybody involved that he will not be in attendance due to illness.In his absence on Tuesday, Siyomunji handed in medical certificate but Liebenberg said such conduct is unacceptable.He postponed the matter to 16 October for continuation of trial.FRED GOEIEMAN

Townsend petitions JSC

Comments

Namibian Sun 2025-01-16

Please login to leave a comment

Townsend petitions JSC

Comments

Namibian Sun 2025-01-16

Please login to leave a comment

Login