State waits another year for treason appeal

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Roland Routh

Windhoek-The Prosecutor Generals (PG) Office’s application to appeal the acquittal of 41 former treason trial accused will only be heard in June next year.

High Court Judge Christi Liebenberg will hear the arguments in the application in place of Judge Elton Hoff, who was the original judge in the matter.

The new presiding judge indicated that he would only be able to hear the arguments on the merits of the appeal application from 18 to 29 June next year.

Judge Hoff was seconded the Supreme Court as a judge of appeal at the country’s highest court soon after he completed the long-running treason trial.

The State wants to apply to the High Court for leave to appeal Judge Hoff’s acquittal of the 41 former Caprivi Treason accused in the Windhoek High Court on 11 February 2103 and 14 September 2015 respectively.

Deputy Prosecutor General Lourens Campher, who brought the application on behalf of the PG, said they wanted to appeal the discharge of 25 of the 43 accused persons in terms of Section 174 of the Criminal Procedure Act after the close of the State’s case on February 11, 2013.

He further stated that the PG also wants to appeal the acquittal of 17 of the accused persons at the end of the trial.

The PG wants the Supreme Court to set aside the discharge and acquittal of Calvin Malumo, Joseph Kamwi Kamwi, Herbert Mboozi Mutahane, John Tebiso Masake, Chist Sitale Mushe and Kisko Twazmango Sakusheka.

They will also appeal the acquittals of Tobias Muswabe Kanganga, Frederik Kabatonwa Lutuhezi, Fred Maemelo Ziezo, O’Brien Sinkolea Mwananyambe and Joseph Omo Mufuhi.
In addition, they will appeal the cases of Ernest Lolisa Lifasi, Joseph Kabuyana Kabuyana, Richard Masupa Mungulike, Genes John Kabotana, Stephen Kadela Mashando, Vasco Inambao Lyongo, Phelem Mboozi Mutuwangele, Boswell Adams Muyumbano, Ernest Salufu Samunzala, and Wilson Mutumuswana.

The appeals also cover Linus Kashala Luseso, Thaddeus Sibonwa Mundube, Gilbert Kaziyana Poshowe, Victor Tumonz Lunyandile, Simon Max Mubita, Charles Kalipa Samboma, Ignatius Nawa Tuwabushalila (died), Tiiso Ernst Manyando, John Samati Yalubbi, Francis Buitiko Pangala, Sylvester Lusiko Ngalaule, Austen Lemuha Ziezo, Andreas Puo Mulupa, Roster Mushe Lukato, Davis Chioma Mazyu, Britan Simisho Lielezo, Brendan Luyanda Luyanda, Frans Muhupolo, Mwilima Gabriel Mwilima, Oscar Muyuka Puteho and Richwell Mbala Manyemo.

The same lawyers that represented the defendants in the main trial, instructed by the Department of Legal Aid, will represent them during the appeal. The main trial started in August 2004 in a specially constituted court at the Grootfontein Prison with 122 accused.

During the course of the trial, 22 accused have died while 43 were discharged during a Rule 174 ruling in February 2013 and another one on August 2012.

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