REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI RULING APPLICATION IN TERMS OF S174 – Case no: CC 13/2010 In the matter between: THE STATE and ALBIUS MOTTO LISELI ACCUSED Neutral citation: The State v Liseli (CC 13/2010) [2013] NAHCNLD 13 (18 March 2013) TOMMASI J Coram: Heard: 21-23,29/09/, 01,04,05,11-15,18,19/10/2010, 18-21,26/04/, 11,18,19, 21,25,26/07/, 14/11/2011, 02,03,10/04/, 24,25/09, 01,22/2012, 22/01/2013 Delivered: 18 March 2013 Flynote: Criminal Procedure application for discharge credibility of witnesses – – warned in terms of s204– some witnesses evidence suspect evidence of one – witness distinguished Criminal Law State adduced no direct evidence of — – accused active participation by inference concluded accused committed an overt – act by omission failing to inform the authorities of overt act committed by others – with hostile intent.- having expressed hostile intent concluded that prima facie – evidence was adduced of high treason. Summary: The accused was charge with high treason. After close of the State’s case he applied for discharge in terms of s174. It was not disputed that accused owed allegiance to Namibia, a sovereign State. He disputed that he committed an overt act with hostile intent. The State adduced prima facie evidence that he was
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI RULING – APPLICATION IN TERMS OF S174 Case no: CC 13/2010 In the matter between: THE STATE and ALBIUS MOTTO LISELI ACCUSED Neutral citation: The State v Liseli (CC 13/2010) [2013] NAHCNLD 13 (18 March 2013) Coram: TOMMASI J Heard: 21-23,29/09/, 01,04,05,11-15,18,19/10/2010, 18-21,26/04/, 11,18,19, 21,25,26/07/, 14/11/2011, 02,03,10/04/, 24,25/09, 01,22/2012, 22/01/2013 Delivered: 18 March 2013 Flynote: Criminal Procedure – application for discharge – credibility of witnesses warned in terms of s204– some witnesses evidence suspect – evidence of one witness distinguished — Criminal Law – State adduced no direct evidence of accused active participation – by inference concluded accused committed an overt act by omission – failing to inform the authorities of overt act committed by others with hostile intent.- having expressed hostile intent – concluded that prima facie evidence was adduced of high treason. Summary: The accused was charge with high treason. After close of the State’s case he applied for discharge in terms of s174. It was not disputed that accused owed allegiance to Namibia, a sovereign State. He disputed that he committed an overt act with hostile intent. The State adduced prima facie evidence that he was
S%20v%20Liseli%20(CC%2013-2010)%20[2013]%20NAHCNLD%2013%20(18%20March%202013).docx