19 Nov 2014 20:00pm
WINDHOEK, 19 NOV (NAMPA) - The case of murder suspect Johannes Lukuwa Hausiku who faces 15 criminal charges, resumed in the Windhoek High Court here on Wednesday.
Hausiku, 40, stands accused of murdering a two-year-old boy and raping the boy's mother in 2012.
He is also allegedly attempted to rape another woman in the same town four months before the murder took place.
State Advocate Ethel Ndlovu, who made submissions before Judge Nate Ndauendapo during the trial-within-trial, said the accused has not been truthful in his four police statements and cross-examinations made before and during the trial.
Hausiku claimed that he was assaulted by three police officers when he was arrested in 2012, and according to him, the officers beat him in the face causing him to lose three of his teeth.
He said the police officers assaulted him to coerce him into giving a statement to the police on the incidents he stand accused of.
Ndlovu said the accused initially indicated that two of his teeth were knocked out of his mouth when he was assaulted, and later changed the number of teeth knocked out to three.
During his cross-examination however, Hausiku told the court that four teeth were knocked out of his mouth.
It is not probable that the suspect was assaulted because there were no visible injuries when he testified in court, Ndlovu said.
The prosecutor said these discrepancies show that the accused was not assaulted, and there was no consistency with the assault and when it occurred.
She said the State has proven beyond reasonable doubt that all four statements given by the accused were done freely and voluntarily.
Hausiku is alleged to have followed a woman home from a shebeen during the early hours of 28 January 2012, grabbed her, hit her on her head and tied her mouth with a piece of clothing.
He allegedly twisted her arm and pulled her into some bushes, where he brutally raped her six times and threatened to kill her. He also robbed her of her mobile phone.
The court adjourned and the trial-within-a-trial was expected to resume later Wednesday to determine the admissibility of the confession submitted as evidence by the State.