Murder-suicide riddle trial delayed at lawyer’s request

THE family of a young Katima Mulilo resident who died from a gunshot wound to the head in a friend’s flat at Grootfontein almost three years ago will have to wait a while longer before getting a definite answer to the lingering question of what had really happened.

Elmar Kotze’s family was present at the High Court in Windhoek yesterday for what was supposed to be the start of the trial of the 29-year-old Dewald Christo Ludeke, who is charged with Kotze’s murder. However, the family had to leave the court without having heard any testimony at all on the events around Kotze’s death.That was after Ludeke’s defence lawyer, Sarel Maritz, asked Judge President Petrus Damaseb to postpone the case to July 25, because the defence counsel that he wants to instruct to represent Ludeke at his trial will only be available by then.The Judge President directed that Maritz should prepare a proper application for a postponement, supported by evidence, and this will be heard in the High Court on Friday next week.Ludeke is accused of shooting Kotze during the early morning hours of October 2 2002, and then claiming that it had been a suicide.Kotze (27) is alleged to have died from a gunshot wound to the head that is claimed to have been inflicted with a 9 mm pistol belonging to Ludeke.At the time of his death, Kotze was living at Katima Mulilo.It is claimed that, while on a business trip, he was planning to overnight at Ludeke’s flat on the night of the incident.Maritz told the Judge President that because there was “very little in dispute” between the prosecution and the defence, he estimated that two days would be enough for the trial.On the other hand, he added that the matter was complex and that Ludeke therefore preferred to be represented by an instructed counsel.Maritz said he had already instructed Rudi Cohrssen to appear for Ludeke, but that Cohrssen would be available only by July 25.It is understood that the major part of the prosecution’s case against Ludeke relies on forensic evidence.Tests done on Kotze’s hands after his supposed suicide revealed no traces of gunpowder residue, as would have been expected if he had shot himself.The location of the gunshot wound – just above the hairline and above the right side of his forehead – was also unusual for a suicide, it is alleged.The little that is in dispute, Maritz said yesterday, concerns the forensic evidence and the reliability thereof.He added that the defence had wanted their own expert to examine exhibits that the State had analysed as part of its case, but they have now been informed that these – skin samples and a skull – are no longer available.Ludeke was arrested and charged with murder five days after Kotze’s death.Except for the murder count, he is also facing alternative charges of failing to safeguard a firearm or handling a firearm while under the influence of alcohol.He remains free on bail.However, the family had to leave the court without having heard any testimony at all on the events around Kotze’s death.That was after Ludeke’s defence lawyer, Sarel Maritz, asked Judge President Petrus Damaseb to postpone the case to July 25, because the defence counsel that he wants to instruct to represent Ludeke at his trial will only be available by then.The Judge President directed that Maritz should prepare a proper application for a postponement, supported by evidence, and this will be heard in the High Court on Friday next week.Ludeke is accused of shooting Kotze during the early morning hours of October 2 2002, and then claiming that it had been a suicide.Kotze (27) is alleged to have died from a gunshot wound to the head that is claimed to have been inflicted with a 9 mm pistol belonging to Ludeke.At the time of his death, Kotze was living at Katima Mulilo.It is claimed that, while on a business trip, he was planning to overnight at Ludeke’s flat on the night of the incident.Maritz told the Judge President that because there was “very little in dispute” between the prosecution and the defence, he estimated that two days would be enough for the trial.On the other hand, he added that the matter was complex and that Ludeke therefore preferred to be represented by an instructed counsel.Maritz said he had already instructed Rudi Cohrssen to appear for Ludeke, but that Cohrssen would be available only by July 25.It is understood that the major part of the prosecution’s case against Ludeke relies on forensic evidence.Tests done on Kotze’s hands after his supposed suicide revealed no traces of gunpowder residue, as would have been expected if he had shot himself.The location of the gunshot wound – just above the hairline and above the right side of his forehead – was also unusual for a suicide, it is alleged.The little that is in dispute, Maritz said yesterday, concerns the forensic evidence and the reliability thereof.He added that the defence had wanted their own expert to examine exhibits that the State had analysed as part of its case, but they have now been informed that these – skin samples and a skull – are no longer available.Ludeke was arrested and charged with murder five days after Kotze’s death.Except for the murder count, he is also facing alternative charges of failing to safeguard a firearm or handling a firearm while under the influence of alcohol.He remains free on bail.