A former security guard, who was re-arrested in connection with the robbery of N$1.2 million from a cash-in-transit vehicle and murder of his then-colleague in Windhoek, claims being unlawfully
Theodor Shipanga (43), who was visibly upset, informed Windhoek High Court Judge Christie Liebenberg of his grievances.
“My detention is illegal. I have no idea about this case. I am in custody illegally,” said Shipanga.
Shipanga also wants the pre-trial memorandum that was submitted against his wishes to be withdrawn.
His second Legal Aid-appointed lawyer
Joseph Andreas informed the court of his
intentions to withdraw from the case.
According to Andreas, it is difficult to get instructions from Shipanga, who has also refused to subject himself to psychiatric evaluation.
Judge Liebenberg granted Andreas’ request and ordered Shipanga to apply for another
“You will be given a final opportunity to get
legal aid. If you continue like this, the court will
have no option but to refer you for mental observation. You cannot stay in custody without going on trial forever,” said Liebenberg.
The court postponed the case to 2 November for legal aid.
Shipanga was re-arrested last year for the offences he allegedly committed on 11 November 2011.
The charges against him and four alleged accomplices were withdrawn in May 2014 after the prosecutor general’s (PG) decision on how to proceed with the matter was unavailable after several postponements.
Shipanga, a former employee of Southern Cross Security Services, was charged with several counts, including murder, robbery with aggravating circumstances and defeating or obstructing the course of justice.
His brother, Aksel Shipanga, was the second accused, charged with theft, while the third accused, Victory Shipanga, also faced a charge of theft.
Petrina Binga and Samuel Iileka were both charged with a count of theft, based on allegations they had removed money from the scene of the armed robbery.
They were implicated in the theft of N$1.2 million, which Shipanga, according to the allegations, stole from the vehicle after shooting dead his colleague before setting the van alight.
The incident happened when Shipanga and
his colleague Shain van Wyk (22) were on their way back to Windhoek after collecting money in the northern regions.
Van Wyk was fatally shot in the head.
The police later found van Wyk’s body under a bridge, 64 kilometres south of Otjiwarongo.
Shipanga allegedly discarded the body under the bridge, along the Otjiwarongo-Okahandja road, and made off with the money.
Shipanga was arrested when he went to the police station to report the crime.
He claims he and the victim were robbed by
two unknown men, whom they had given a lift from their last pick-up point at Otjiwarongo.
He allegedly burnt the vehicle between Freedomland and Ombili settlements before getting away with the cash.
Residents of these settlements who picked up money that fell from the vehicle were charged with theft as well.
After the withdrawal of the matter, the PG decided last year to arraign only the accused on the charges, as the charges against the other accused could not be sustained.
Shipanga is now facing charges of murder, robbery and defeating the course of justice.
It is alleged by the State that he buried the cash
in the ground and a pot at the residence of his siblings.