26 Nov 2013 14:00pm
WINDHOEK, 26 NOV (NAMPA) - A ruling on the admissibility of an alleged confession and other self-incriminating statements made by a double murder suspect Julius 'Nama' Dausab, will be handed down in the High Court here in mid-January next year.
Dausab stands accused of murdering two women at Okandjira Post in the Ovitoto communal area in Otjozondjuapa Region in June 2009.
The 43-year-old has however denied making the alleged confession and self-incriminating statements, stating only that he was forced by police officers to do so.
High Court Judge Alfred Siboleka, who had listened to the evidence during a trial-within-a-trial on Tuesday, will give his ruling on 15 January 2014 on whether the confession and self-incriminating statements allegedly made by Dausab could be used as evidence in the main trial of his case.
In addition, Judge Siboleka has also ordered the prosecution representative, State Advocate Erick Moyo to file his written heads of arguments of the trial-within-a-trial with the Registrar of the High Court by 29 November this year, while Dausab's government-appointed defence lawyer Bradley Basson has to do the same by 02 December 2013.
On 03 December 2013, the presiding Judge will be listening to oral submissions by both the defence lawyer and State representative, and thereafter the matter will be postponed to 15 January next year for the handing down of a ruling.
Today's postponement of the case to 15 January next year, was as per the agreement reached between the defence lawyer and State representative in court.
In the matter, Dausab is alleged to have been involved in a shooting rampage that resulted in the death of two women in the Ovitoto communal area in June 2009.
He stands accused of killing his late girlfriend Paulina Kenamuni, 28, and her mother Elfrieda Kenamuni, 44, by shooting them with a hunting rifle.
The younger woman, who used to live with Dausab in Otjiwarongo, is said to have ended her relationship with the accused before moving back to Ovitoto, and this allegedly triggered the events that led to the tragedy.
The accused is said to have driven from Otjiwarongo to the home of his girlfriend's parents at Okandjira Post in an apparent attempt at reconciliation.
At around midnight on that fateful day, according to police and family members, Dausab knocked at the door of the shack and his girlfriend's mother came to open the door.
At that point, Dausab allegedly pointed the barrel of a .308 hunting rifle through a hole in the door and shot his girlfriend's mother in the chest.
It was later discovered that Paulina had, by that time, already been shot dead with the same gun. She was also severely beaten.
Shortly after he allegedly killed the two women, he is said to have driven back to Otjiwarongo, but the police arrested him before he reached the town.
Dausab is free on bail on N.dollars 40 000, and his bail was on Tuesday extended until his next court appearance.
The N.dollars 40 000 bail was granted to Dausab after the court heard that the double murder suspect had contracted asthma and pneumonia whilst in police custody at the Windhoek Central Prison's holding cells for trial-awaiting inmates.
Some stringent conditions were, however, attached to the granting of bail.
Dausab must report himself to the police at his home town of Otjiwarongo in the Otjozondjupa Region three times a week.
He should also not apply for any travel documents while he is out on bail.
Windhoek-based defence lawyer Basson is defending Dausab, acting on the instructions of the Ministry of Justice's Directorate of Legal Aid.