WHEN his case in the Swakopmund Magistrate’s Court was postponed to 17 December 2019, Ernst Josef Lichtenstrasser indicated that he feels that his constitutional right to a speedy trial is being infringed upon.
He was arrested in Karibib during April and made his first appearance in the Swakopmund Magistrate’s Court during May this year on charges of shooting the Director of the Namibia Institute of Mining and Technology (NIMT), Eckhart Mueller and Deputy Director Heimo Hellwig in front of the institute’s administration building in Arandis,
The accused person faces two counts of murder, one count of being in possession of an unlicensed fire arm, one count of being in possession of ammunition and a count of attempting to defeat the course of Justice.
Lichtenstrasser brought a formal bail application to the Swakopmund Magistrate’s Court during June.
Magistrate Conchieta Olivier dismissed the formal bail application after reading a lengthy judgement in which she found the public cannot be left at the mercy of perpetrators that has a total disregard human life.
“It would not be in the interest of Justice or the interest of the public if bail was granted to the accused person. The offence is very serious and the evidence of the State proves it has a very strong prima facie case against the accused person.”
Earlier on Frdiay Lictenstrasser’s made a swift appearance before Magistrate Olivier earlier where the state prosecutor informed the Court that the investigation into the matter is not yet complete and that a postponement until December would afford the investigating officers time to get certain results still outstanding from forensic laboratories and to complete other parts of the investigation.
Lichtenstrasser informed the court that he feels the state is dragging its feet with the investigation. He indicated to the magistrate that during his bail application the court was informed by the state that the case against him is for all practical purposes finalised.
He asked Magistrate Olivier to make the postponement of the matter to December the final one because of his constitutional right to a speedy trial.
The magistrate informed the accused person that certain parts of the investigation are still outstanding and that the matter would be postponed until detectives finalised their investigation.
The accused person also requested the magistrate to order the police in Walvis Bay to take him back to the Windhoek Central Prison as quickly as possible because he is without his medication and because he needs to see a doctor on Monday.
Magistrate Olivier upheld her order that he would be incarcerated at the Windhoek correctional facility while he is awaiting trial.
Before postponing the matter for purposes of further investigation the magistrate issued a warrant to the police to ensure that the accused person be brought back to the coast for him to appear in court on 17 December 2019.