Another delay in Heckmair murder trial

Another delay in Heckmair murder trial American murder accused Marcus Thomas has applied for leave to appeal against the dismissal of his bid to have the presiding judge recused from the trial.

Earlier this month the High Court ruled that Thomas had failed to show reasonable grounds for the recusal of Judge Christie Liebenberg.

Thomas had argued that the judge would not bring an impartial mind to bear when adjudicating the matter.

Thomas and co-accused Kevin Townsend allegedly plotted and committed the murder of André Heckmair in Windhoek in early 2011.

The two Americans are charged with one count of murder, one count of robbery with aggravating circumstances, three counts of contravening the Ammunitions Act and one count of defeating or obstructing the course of justice.

Judge Liebenberg last year ruled that Thomas was mentally fit to stand trial.

“It is evident that the court at no stage made any findings on the alleged commission of the offences charged and that the same charges still had to be proved during the trial,” Liebenberg stated when he dismissed Thomas's application for his recusal.

Judge Liebenberg yesterday postponed the case to 28 August for hearing arguments on the application for leave to appeal.

FRED GOEIEMAN