Legal aid chaos at treason appeal Short notice, no response and attorneys who were not informed The appeal by the State against the acquittal of 41 treason accused has been bogged down by disarray regarding legal aid. The State''s appeal against the acquittal of 41 former treason accused was postponed Wednesday in the High Court to enable the respondents to obtain legal representation.Deputy Judge President Hosea Angula further postponed the appeal hearing to 31 January next year when the respondents are expected to file answering statements.
He informed the respondents that they do not necessarily have to appear in person for the appeal hearing, but may if they wish.
It appears as though the Sate''s summons was served unexpectedly on the respondents and most only started to apply for legal aid on Tuesday. This brought its own chaos with some applicants being acknowledged and some being informed of the name of their counsel and some still in the dark. However, some of the lawyers are not even aware that they are appointed.
Gabriel Mwillima, speaking on behalf of the respondents, informed the court that he and most of his co-respondents only received confirmation letters of their application for legal aid and some were informed of who their appointed attorneys are.
Though they applied for legal aid some respondents informed the court that they haven''t received any confirmation of approval letter.
One of the respondents expressed concern that he borrowed money in Katima Mulilo to travel to Windhoek. But in Windhoek he had to sleep in a car and that most of them are in the same predicament.
“If the case is now adjourned to tomorrow we will have to go back to the bus-terminal taking travellers to Katima Mulilo and Rundu,” he said.
Profisyn Muluthi, the lawyers appearing on behalf of six accused said that it was impossible for all the lawyers representing the respondents to be at court at such short notice.
“Some legal representatives were only informed that they must appear on behalf of the respondents on Tuesday or Wednesday,” he stated.
He further confirmed that they will oppose the application and that the case be set down for case management in order to allow them to consult with their clients.
“We will file opposing sworn statements, the date of hearing can thereafter be set down, a new judge can possibly be appointed for the appeal and he or she will need time to read the case records,” he said.
FRED GOEIEMAN