Court drama shakes up Kazeurua murder trial

Roland Routh

A clearly weary Windhoek High Court acting judge, Alfred Siboleka, stuck to his guns on Monday as he refused to allow another postponement of the long-running trial of the three men, charged with the murder of the notorious robbery investigator. shares Hiambepo ‘Major’ Kazeurua.

The judge previously canceled bail for Stockley Kauejao (44), the main defendant in the murder trial using the powers conferred on him under section 68(3) of the Criminal Procedure Act 51 of 1977 as as modified to cancel the deposit.

On Monday, Salomon Kanyemba entered the fray as Kauejao’s final legal representative and immediately moved to ask the judge to reinstate his client’s bail and adjourn the case for proper consultation with his client.

According to Kanyemba, who was a prosecutor before entering the field of private lawyers, he cannot consult properly at the Windhoek Correctional Centre.

He also said his client needed to be out on bail to fully instruct him. The judge categorically refused his demands and said that the situation Kauejao found himself in was of his own initiative. In a similar vein, Laura Pack, who recently joined Muvare Kaporo, stepped down as legal representative, citing conflicting instructions.

Kaporo informed the judge that he had already contacted legal aid, and they told him to come back yesterday to hear the outcome of his application. He, too, requested pre-trial detention so that his new lawyer could familiarize himself with the case.

Similarly, Judge Siboleka refused his request, repeating that it is the fault of the defendants themselves that they find themselves in this situation. Not even the help of Mbanga Siyomunji, who is registered for Mathew Kakururume, could sway the judge.

Siyomunji reminded the judge of a judgment he rendered, in which he upheld an appeal in which a defendant was not defended and ruled that legal representation was constitutionally guaranteed.

Even that was not enough to sway the judge, and he told Siyomunji in no uncertain terms that even constitutional rights have limits, and the defendant in this case has exhausted the limits.

The judge was adamant the trial will continue.

Even a change in state representation was not reason enough to change his mind.

Former state attorney Dominic Lisulo, who represented the state, resigned from the attorney general’s office and was replaced by Ezekiel Ipinge. Although Ipinge informed the judge that he was ready to proceed, he also said that if he came across anything he needed to address, he would ask for time. The judge was in favor of this and ordered the trial to continue.

Kauejao, who faces cross-examination from Jan Wessels on behalf of Afas Kamutjemo (44), who faces a stock theft charge alone, then informed the judge that he was unable to answer questions because he is unable to obtain legal advice from his lawyer.

Kauejao, Kakururume and Kaporo pleaded not guilty to charges of murder, stock theft and defeating or attempting to defeat or obstruct the course of justice early in their trial.

They place the burden of proof on the state for each of the allegations against them. Kamutjemo pleaded not guilty to a stock theft charge. According to the indictment, the defendant conspired to kill Kazeurua in order to prevent him from finding the cattle they had stolen.

Kaporo and Kakururume ambushed him and killed him by strangling him and throwing sand in his mouth to prevent him from breathing. This allegedly happened on December 28, 2012. Kazeurua’s partially burned body was found in a burrow in Aardvark on January 7, 2013 after being reported missing days earlier.

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2022-04-13 Roland Routh

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