Lawyer’s objection delays Teek trial

THE child-rape trial of suspended Supreme Court Judge of Appeal Pio Teek will not be starting as scheduled in the High Court on Monday.

Arrangements for the start of Teek’s trial on charges that he had abducted and sexually assaulted two children at the end of January were thrown off track when the 58-year-old Appeal Judge made a fourth pre-trial appearance in the High Court in Windhoek yesterday. The pre-trial hearing was supposed to ensure that all outstanding issues had been resolved in preparation for Teek’s trial.Instead of that, two new issues were raised by Teek’s defence counsel, Richard Metcalfe, leading to the judge’s case being postponed for another pre-trial appearance on November 24.The effect of this is that next week’s trial is off, and the travel arrangements of a South African judge who is set to preside at Teek’s trial, Pretoria High Court Judge Ronnie Bosielo, would have to be cancelled at short notice.Metcalfe told Judge Kato van Niekerk that he had asked for the disclosure of more evidence that the Police gathered during the investigation of Teek’s case.This evidence consists of video recordings and photographs that were taken when Police searched Teek’s home and Supreme Court chambers, and when Teek was interviewed in the psychiatric unit of the Windhoek Central Hospital, where he was admitted after charges were laid against him.Metcalfe said the defence would also ask the court to be allowed to consult with the two complainants in the case before the trial starts.The complainants are two girls who were aged ten and nine at the time that Teek allegedly abducted them from Katutura to his home at Brakwater outside Windhoek on the evening of January 28 to 29.It would be unusual for the defence in a criminal trial in Namibia to get access to a complainant in a rape case, and the prosecution in Teek’s case is all too aware of this.Metcalfe told he court that the prosecution has already informed him that they would oppose such a bid.He said he would make a formal application in this regard at a later stage.He said the defence wanted to be given a chance to consult with the two girls in the presence of a psychologist and a representative of the prosecution.Metcalfe further said the defence has not yet received copies of the additional evidence that it had requested from the prosecution.He added that this did not appear to be the fault of the prosecution, but rather of the Police, since Otjiwarongo-based Deputy Prosecutor General Heidi Jacobs, who will be representing the State at Teek’s trial, informed him that she had instructed the Police to make this material available to him.By yesterday, he had still not received anything, Metcalfe said.He said Jacobs told him that the prosecution was not planning to use any of these video recordings or photos as evidence in the trial.According to Metcalfe, the defence was not satisfied with this assurance, since the videos and photos might contain evidence that could be favourable to the defence.Judge Van Niekerk ordered that the State should make this material, together with transcripts of the video recordings, available to the defence before Teek’s next pre-trial appearance.Pretoria High Court Judge Lebotsang (‘Ronnie’) Bosielo was set to be on the bench at the trial.President Hifikepunye Pohamba appointed Judge Bosielo at the recommendation of the Judicial Service Commission as an Acting Judge of Namibia’s High Court to preside at the trial, it was announced from the office of the Chief Justice late last week.Teek is facing two charges of abduction, alternatively kidnapping, two charges of rape, two charges of committing an immoral or indecent act with a child under the age of 16, and two counts of supplying liquor to a female in order to have unlawful sexual intercourse with her.He remains free on bail of N$10 000.The pre-trial hearing was supposed to ensure that all outstanding issues had been resolved in preparation for Teek’s trial.Instead of that, two new issues were raised by Teek’s defence counsel, Richard Metcalfe, leading to the judge’s case being postponed for another pre-trial appearance on November 24.The effect of this is that next week’s trial is off, and the travel arrangements of a South African judge who is set to preside at Teek’s trial, Pretoria High Court Judge Ronnie Bosielo, would have to be cancelled at short notice.Metcalfe told Judge Kato van Niekerk that he had asked for the disclosure of more evidence that the Police gathered during the investigation of Teek’s case.This evidence consists of video recordings and photographs that were taken when Police searched Teek’s home and Supreme Court chambers, and when Teek was interviewed in the psychiatric unit of the Windhoek Central Hospital, where he was admitted after charges were laid against him.Metcalfe said the defence would also ask the court to be allowed to consult with the two complainants in the case before the trial starts.The complainants are two girls who were aged ten and nine at the time that Teek allegedly abducted them from Katutura to his home at Brakwater outside Windhoek on the evening of January 28 to 29.It would be unusual for the defence in a criminal trial in Namibia to get access to a complainant in a rape case, and the prosecution in Teek’s case is all too aware of this.Metcalfe told he court that the prosecution has already informed him that they would oppose such a bid.He said he would make a formal application in this regard at a later stage.He said the defence wanted to be given a chance to consult with the two girls in the presence of a psychologist and a representative of the prosecution.Metcalfe further said the defence has not yet received copies of the additional evidence that it had requested from the prosecution.He added that this did not appear to be the fault of the prosecution, but rather of the Police, since Otjiwarongo-based Deputy Prosecutor General Heidi Jacobs, who will be representing the State at Teek’s trial, informed him that she had instructed the Police to make this material available to him.By yesterday, he had still not received anything, Metcalfe said.He said Jacobs told him that the prosecution was not planning to use any of these video recordings or photos as evidence in the trial.According to Metcalfe, the defence was not satisfied with this assurance, since the videos and photos might contain evidence that could be favourable to the defence.Judge Van Niekerk ordered that the State should make this material, together with transcripts of the video recordings, available to the defence before Teek’s next pre-trial appearance.Pretoria High Court Judge Lebotsang (‘Ronnie’) Bosielo was set to be on the bench at the trial.President Hifikepunye Pohamba appointed Judge Bosielo at the recommendation of the Judicial Service Commission as an Acting Judge of Namibia’s High Court to preside at the trial, it was announced from the office of the Chief Justice late last week.Teek is facing two charges of abduction, alternatively kidnapping, two charges of rape, two charges of committing an immoral or indecent act with a child under the age of 16, and two counts of supplying liquor to a female in order to have unlawful sexual intercourse with her.He remains free on bail of N$10 000.