Windhoek – The defence team of a man who stands accused of killing Johannes Jetta in 2016 wants his case struck from the court roll due to delays in the matter.
Desmond Amgabeb made an appearance in the Windhoek Magistrate’s Court before Magistrate Michelle Kubersky.
Amgabeb faces a charge of murder for what the prosecution deems the unlawful and intentional killing of Jetta. Jetta died from his wounds after he was stabbed with an okapi knife near Green Mountain Road, Goreangab Dam on December 31, 2016.
The matter was on the roll for the prosecutor general’s decision. But the prosecution informed the court that the case docket had not yet been submitted to the prosecutor general’s office. The prosecutor dealing with the case was not available and according to State Prosecutor Ellen Shipena the docket was in her possession.
Defence lawyer Mese Tjituri who is representing Amgabeb in the matter voiced his frustration with the court. Tjituri reminded the court that the matter is of a serious nature and should be treated as such.
“This is an infringement of the right to a fair trial of the accused. Who is responsible for the docket? This is an abuse of power. We request that the matter be struck from the roll and once the prosecutor general’s decision is ready then the accused can be summoned,” said Tjituri.
Tjituri reminded the court that the matter was remanded on December 6, 2017 for the prosecutor general’s decision, which amounts to more than four months ago.
Magistrate Kubersky said the State is making a habit of not submitting dockets for the prosecutor general’s decision, which consequently delays matters from going to trial.
“The court acknowledges the right of the accused person but the court also has to consider the nature of the offence and the interest of justice,” said Kubersky.
The court gave a final remand for the prosecutor general’s decision.
Amgabeb, who is out on bail of N$3,000, was warned to make an appearance in court on August 8 or risk a warrant of arrest being issued against him.