The presentation of submissions before judgement by both the prosecution’s representative, Public Prosecutor Phineas Nsundano and the two men’s defence lawyer, Sisa Namandje, is set to begin in this court next Monday.
Desmond Hamunyela and Kiriata Kamanya made another appearance before Windhoek Magistrate Erich Eduard Kesslau along Lüderitz Street here on Wednesday morning, where they were informed that their case was to be adjourned until Monday.
Hamunyela and Kamanya were initially charged along with two other local businessmen – David Imbili and Agab Zedekias //Gowaseb – of assaulting freelance journalist John Grobler.
However, Imbili and //Gowaseb were acquitted on 09 March last year on the allegations of assault by magistrate Kesslau in his judgement after a joint application for the discharge of the four men.
Meanwhile, Hamunyela and Kamanya were not as lucky, as their applications for discharge were dismissed by the court on the grounds that the State had proved, through the presentation of evidence before court that the two men had a case to answer to.
The four men had all pleaded not guilty to a charge of assault with intent to do grievous bodily harm at the start of their trial on 18 July 2010.
In his submission in the application for discharge, Namandje argued that the State had presented contradictory and inconsistent evidence during the proceedings.
“The State has so far presented contradictory and poor quality evidence. The accused persons in their totality must be discharged in terms of Section 174 of the Criminal Procedures’ Act,” Namandje stated at the time.
Meanwhile, Public Prosecutor Nsundano had opposed the granting of the discharge on the grounds that the State had a very strong case against the four accused persons.
In the matter, the four local businessmen were accused of assaulting Grobler at Pharaoh’s Lounge on 09 January 2010.
Reports contained in the English daily ‘The Namibian’ newspaper had it that Grobler told the court earlier in his testimony that //Gowaseb allegedly threw a drink in his face and Kamanya then hit him on the side of his face with a whisky glass, leaving him with a cut on his left ear.
Grobler also testified that Imbili had passed the glass to Kamanya before Kamanya hit him with it.
Hamunyela was with the other three men, and had on a past occasion allegedly threatened him by using vulgar language, the journalist claimed.
Namandje, however, countered that Grobler was lying and had fabricated the whole incident.
According to Namandje, the injuries that Grobler sustained (a cut and scratches on his forehead, nose and the right side of his face) were self-inflicted, being the result of Grobler falling to the ground while he was trying to attack Hamunyela, Imbili and Kamanya.
The remaining two accused men are both free on warnings.
They were on Wednesday ordered to be present before court on 25 February this year for the hearing of submissions before judgement.