Confessions to be used against accused in Muleke trial

05 Mar 2018 16:00pm
WINDHOEK, 05 MAR (NAMPA) - Three of the six people arrested over the death of a Windhoek municipal worker in 2015, suffered a heavy blow when their confessions and other self-incriminating statements were admitted as evidence before court on Monday.
Annastacia Lubinda, 33; Dave Kondjera, 32; and the 26-year-old Donald Hindjou, through their respective defence lawyers, last month lodged a joint application challenging the veracity of the confessions and other related self-incriminating statements they gave to the police upon their arrest between 01 and 02 April 2015.
In her judgement of the trial-within-trial in respect of the confessions, High Court Judge Johanna Salionga dismissed the application by the three accused, saying they made the confessions and statements voluntarily and were not forced by the police as they are now claiming before court.
According to the judge, the three accused were in full control of their minds when they gave the police investigating team detailed information about their participation in the murder of Peter Muleke, 36, on 31 March 2015.
The court also concluded that they were not assaulted by the police before confessing.
The confessions and statements will now be used by the prosecution against the three accused during the continuation of the main trial.
The three accused brought their unsuccessful joint application in terms of the provisions of Section 51 of the Criminal Procedures Act of 1977, which deals with confessions by accused persons.
The other three accused - David Matali, 45; Abiud Uazeua, 35; and the 27-year-old Dollam Tjitjahuma - were not part of the application challenging the confessions.
Muleke was found dead a few metres from his car in the Goreangab Dam area on the western outskirts of Katutura on 31 March 2015.
Accused Lubinda, who is listed as accused number one in the matter, is Muleke's wife.
The six entered not guilty pleas against the charges on 14 November 2017 in the presence of their respective defence lawyers - Mbanga Siyomuinji, Milton Engelbrecht, Brownwell Uirab, Miriam Kenaruzo, Trevor Brockerhoff and Tuna Nhinda.
They remain in custody at the Windhoek Central Correctional Facility since April 2015, with no option to post bail.
State Advocate Martino Olivier is appearing for the prosecution.
The main trial continues on Tuesday.