15 Jan 2014 13:00pm
WINDHOEK, 15 JAN (NAMPA) Double murder suspect Julius 'Nama' Dausab has scored a significant victory when High Court on Wednesday ruled that confession and other self-incriminating statements allegedly made by the accused person, cannot be used as evidence against him in the main trial.
Dausab stands accused of murdering two women at the Okandjira Post in the Otjozondjupa Regions Ovitoto communal area in June 2009.
The alleged confession and other self-incriminating statements allegedly made Dausab were all ruled inadmissible evidence in a judgement of a trial-within-a-trial handed down by High Court Judge Alfred Siboleka here on Wednesday.
After carefully perusing through all the evidence presented by both the prosecution and the defence during the hearing of a trial-within-a-trial, I came to conclusion that the confession and other related self-incriminating statements allegedly made by Dausab were taken under some unknown circumstances and by the use of force. Therefore, in the result, the confession and other self-incriminating statements cannot be used as evidence against Dausab in the main trial, said Judge Siboleka.
The 44-year-old Dausab has also repeatedly denied making the confession and self-incriminating statements, stating that he was forced by police investigating officers to do so shortly after his arrest.
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.
There he shot his then girlfriend and her mother with a .308 hunting rifle.
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 Wednesday extended until his next court appearance on 02 June this year for the continuation of the main trial.
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 Bradley Basson, acting on the instructions of the Ministry of Justice's Directorate of Legal Aid, is defending Dausab.
State Advocate Erick Moyo is appearing for the prosecution.