The State has accused sodomy suspect Jan Willem Akster of deliberately delaying justice in a case dating back to 2020, as the court on Wednesday dismissed attempts for further adjournment and proceeded to hear the final prosecution witness.
Akster, a Dutch national facing charges of sodomising male minors, appeared in court represented by newly engaged lawyer Michael Goba Chipeta, who told the court that he had only been instructed a day before the case resumed on Tuesday and required more time to familiarise himself with the case file.
The State strongly opposed the request, arguing that the accused had more than 60 days to appoint new legal representation after his former lawyer, Fostino Maere, was appointed Director of Public Prosecutions, creating a conflict of interest.
In an interview, Public Prosecutor Victor Jere told the court that Akster has consistently employed delaying tactics since the case began.
“I think by now anybody who has been following this case has seen that the main tactic by the accused person so far has been to delay this case as much as he can,” said Jere. “Today we are talking of over 60 days, and then counsel comes and says he was only appointed yesterday. If indeed he was appointed yesterday, I sympathise with him. But clearly his client is to blame because he chose to appoint counsel on the eve of the hearing.”
Victor Jere
The State insisted that the matter should proceed, describing the application as unwarranted and part of a long pattern of delay. The court agreed, allowing the prosecution to present its witness while granting the defence time to prepare for cross-examination.
Police superintendent Simeon Khamisa, the seventh and final State witness, told the court that some alleged victims reported being forced to fondle the suspect’s private parts.
He also testified that Akster initially admitted the acts during police interviews, claiming he was unaware the conduct constituted a criminal offence because, according to him, it was allowed in his home country, the Netherlands. Khamisa said he was surprised that Akster later denied the charges.
After hearing the testimony, Magistrate Chiotcha adjourned the case to February 25, when the defence is expected to cross-examine the witness. The court will then rule on whether the accused has a case to answer.
Reacting to the developments, Child Advocacy Center executive director Memory Chisenga welcomed the progress, describing it as a long-overdue step toward justice for the alleged victims.
“This is what we call justice,” said Chisenga. “It has been five years or more fighting for justice for the young boys who were sexually abused. This is a very serious case, and we needed a court that takes it seriously.”
Memory
She said access to justice must also mean timely justice, especially in cases involving children.
“Our children are the victims, and we cannot continue to have a justice system that delays cases like this,” Chisenga said, adding that the organisation hopes the matter will reach a decisive stage by the end of March.
Chief Resident Magistrate Paul Chiotcha has adjourned the case to February 25, for defence cross-examination and a ruling on whether the accused has a case to answer.
