WINDHOEK – Certain admissions double murder accused, Julius “Namab” Dausab, made to police officers mere minutes after he was arrested have been at the centre of a trial-within-a-trial in the Windhoek High Court for the last couple of months.
State Advocate Erich Moyo and Dausab’s legal representative Bradley Basson made their final submissions on the admissibility of the ‘admissions’ yesterday. Currently, the content of these ‘admissions’ cannot be made public until Judge Alfred Siboleka gives his ruling on their admissibility on January 15 next year.
In his submissions Basson argued very strongly that his client was not informed of his constitutional right not to incriminate himself at the time of his arrest. Said Basson: “Even if he was informed of his rights, it was not done properly, as when the accused was properly informed of his rights when his warning statement was taken, and he immediately opted to remain silent until he could speak to a lawyer.”
According to Basson it is an entrenched right of every citizen to be afforded the services of a legal representative, even if one cannot afford one. According to Basson the arresting officer was supposed to have stopped Dausab from making the admissions as they were self-incriminating and a clear infringement of the right not to incriminate himself.
On the other hand Advocate Moyo for the State was of the opinion that the admissions made by Dausab were a “spontaneous outburst” and therefore legally obtained.
He said that the police could not be faulted for seeking safety first when they chose to first search the suspect before reading him his rights as there were indications that Dausab was armed.
The 44-year old Dausab is facing a double murder charge for the shooting of two women in the Ovitoto area in June of 2009.
The State alleges that he killed his ex-girlfriend Paulina Kenamuni, 28, and her mother Elfrieda Kenamuni, 44, by shooting them with a hunting rifle.
It is alleged that the ending of the relationship by the younger woman, who used to live with Dausab in Otjiwarongo, is what triggered the events that led to the tragedy.
The State says that Dausab drove from Otjiwarongo to the home of his ex-girlfriend’s parents at Okandjira in an apparent attempt at reconciliation.
Earlier reports indicated that at around midnight on the day in question Dausab knocked at the door of the shack and when his girlfriend’s mother went to open the door he allegedly pointed the barrel of a .308 hunting rifle through a hole in the door and shot the unfortunate woman in the chest.
Reports further indicated that Paulina had, by that time, already been shot dead with the same gun. She was also severely beaten.
It is said that after he allegedly killed the two women, Dausab drove back to Otjiwarongo, but the police arrested him before he reached the town.
Dausab is also accused of having possessed the alleged murder weapon and ammunition without a licence. He has pleaded not guilty to all of the charges he is facing.
During earlier appearances, defence counsel Basson indicated to Judge Siboleka that Dausab admitted to being at the scene when the two women were shot, but denied that he killed them, instead claiming that the murders were committed by an unknown man, whom he described as being short and stout and driving a white car.
The case has now been set down to resume in June next year after the ruling on the trial-within-a-trial.
By Roland Routh