Defence lawyer Uirab withdraws from robbery and murder trial

02 Oct 2013 09:00
WINDHOEK, 02 OCT(NAMPA) - The trial of three men accused of killing a security company owner during an alleged armed robbery in Windhoek's Northern Industrial Area at the beginning of November 2009, has been put on hold until next Monday.
This is because one of the defence lawyers withdrew from the matter.
Otjiwarongo resident Fillipus Shishiveni Nomongula, 32; Willem Kawulefelwa Valombola, 38; and Toivo Kashipolo, 31, are each charged with five counts in connection with circumstances which claimed the life of Andries de Jager, the owner of HAMS Security company, after he was fatally shot during an alleged armed robbery along Iscor Street on 02 November 2009.
As the trial was about to start before High Court Judge Naomi Shivute here on Wednesday, State-appointed defence lawyer Brownell Uirab, who was representing Kashipolo, asked the court to withdraw from the trial after he received some conflicting instructions from his client during consultations.
“I have fully consulted my client - accused Toivo Kashipolo - on several occasions. And from these consultations, I have received some conflicting instructions, and I did not reach any agreement with my client on how to proceed with the case.
As a result of these conflicting instructions, I was left with no other option apart from withdrawing from the case,” Uirab submitted.
State Advocate Ethel Ndlovu for the prosecution did not object to Uirab's withdrawal.
Meanwhile, the Justice Ministry's Directorate of Legal Aid has now appointed and instructed Monty Karuaihe to defend Kashipolo in the trial.
Valombola is free on bail, while Kashipolo and Nomongula remain in police custody at the Windhoek Central Prison's holding cells.
A summary of substantial facts contained in the charge-sheet had it that the three each face five counts of murder, attempted murder, robbery with aggravating circumstances, the discharge of a firearm in a public place and the illegal possession of a firearm without a licence.
De Jager, 68, was allegedly shot when he and a colleague were attacked by robbers on their return from a bank, where they had gone to collect money to pay the wages of HAMS’ Security employees on that fateful day.
An amount of N.dollars 172 488,10 is alleged to have been stolen from the two victims during the robbery.
A shoot-out with the robbers ensued, and one of the robbers was wounded in the process.
One of the suspected robbers was arrested at the scene, and the money was recovered.