Lawyer withdraws saying accused is disinterested

A lawyer has withdrawn from one of the cases he is currently involved in before the Windhoek High Court, citing a lack of interest from the accused.

Milton Engelbrecht informed Judge Christi Liebenberg he needs to withdraw from the case of Jesaya Boois as Boois is not interested in his legal advice.

Speaking to New Era, Engelbrecht said it was impossible for him to consult as Boois refuses to attend sessions and when he does he does not want to cooperate. This has left him with no choice but to withdraw from the case, Engelbrecht said. Judge Liebenberg granted him leave to withdraw from the matter and instructed Boois, who said he still wants a legal aid lawyer, to follow up with legal aid on his status.

Boois, a resident of Tses in the Keetmanshoop District, is accused of raping and killing Bonaventura Jahs in Tses during the period September 2 to September 3, 2014.

He is also charged with assault by threat after he threatened to stab his ex-girlfriend Anna Marie Links with a wine bottle on Tuesday September 02, 2014 and further faces a charge of attempted murder for allegedly attacking Lesley Tiboth in the holding cells at the Tses Police Station by pushing him and slapping him in the face, as well as hitting him with a broomstick on the head and stabbing him on the head with a broken piece of the broomstick.

He is also charged with defeating or obstructing or attempting to defeat or obstruct the course of justice by cleaning up the ground around the deceased's body, dressing the deceased's body with a purple legging and hiding the deceased's dress/blouse in a culvert, as well as hiding the deceased's cellphone and SIM card by burying them in the ground.

According to the State, Boois did all this to frustrate police investigations into the disappearance and possible murder of the deceased.

According to the indictment, Boois met his former girlfriend Links in Tses on the Tuesday in question and caused trouble by insisting to know who she was dating. When he did not receive an answer to his liking he threatened to assault Links and she then went to the police station for assistance and he was warned to behave. However, later that evening he went to a bar in Tses where he found the deceased and declared publicly that he will have intercourse with her, but she brushed off his intentions by telling him that she will not have intercourse with him.

During the early morning hours of Wednesday, September 3, the deceased left the bar and was on her way home on foot when the accused attacked her and dragged her to a nearby riverbed where he violated her, the indictment states. During the rape he allegedly suffocated the deceased and she died on the scene. After his evil deed he proceeded to clean up the scene, the indictment states.

While in police custody on June 21, 2015 the accused allegedly accused Tiboth of causing his insomnia and attacked Tiboth, causing him injuries to the extent that he (Boois) was charged with attempted murder.

His trial was postponed to the next mentions roll of February 16 for legal aid and he remains in custody.

Source: New Era Newspaper Namibia