WINDHOEK – A magistrate at Okakarara recused himself from a trial after alleged threats from a Legal Aid public defender. According to the review judgment by Judge Elton Hoff with Judge Alfred Siboleka concurring, the magistrate removed himself from a trial in which Julia Inata Mbapumbua faces charges of assault with intent to cause grievous bodily harm after the alleged “hostilities” from the defense counsel.
The Okakarara magistrate in question has been identified as Anthony Shapumba who has since been transferred to Keetmanshoop.
It is stated in the review judgment that the record “reflects a number of incidents” demonstrating this alleged ‘hostility’ and also refers to a complaint letter addressed to the Deputy Chief: Legal Aid from the defense counsel, in which a number of incidents are listed questioning the competency of the magistrate.
The letter also suggests that the magistrate should receive “extensive” training, according to the review judgment. The magistrate also alleged the defense counsel “threatened” him on a previous occasion in his office, the judge wrote.
After recusing himself from the matter at hand, Shapumba declared the proceeding a “nullity” the judge wrote while questioning the magistrate’s authority to do so. The judge added that the declaration by the magistrate has no practical or legal implications since the accused never pleaded to the charge nor was any evidence led.
It also appears from the record of the proceedings that the defense counsel was in agreement with the recusal of the magistrate although not for the same reasons. Judge Hoff said although this matter is not ‘reviewable’ in terms of the Criminal Procedure Act, he will nevertheless direct the Control Magistrate to arrange for another magistrate to preside at the trial.