WINDHOEK – Members of the Namibian Police Crime Investigations Division maintained in the Windhoek High Court that they informed and explained the rights of the three accused in the ongoing Stoop murder case.
Officer after officer was adamant that they followed legal procedures when they arrested 27-year-old Nelsiene Utiapatie Kauaria, 29-year-old George Tjikuao Katjingisua and his younger sibling, 28-year-old Erwin Kasorere Tjiueza Katjingisua, who all face a murder charge. The suspects also face a charge of robbery with aggravating circumstances and conspiracy to commit robbery with aggravating circumstances.
The State alleges the trio during the period 28 to 29 August 2009 killed 78-year-old Gideon Johannes (Koos) Stoop at his flat at Erf 304, Shilunga Street in Cimbebasia, a suburb in Windhoek. Stoop, the father of renowned rugby players André and Leon who played for Namibia after independence was killed in the flat he rented in Cimbebasia. Both Sergeant Billy Kamusuvise and Warrant Officer Eslad Jamuine who were the arresting officers testified that they expressly told the accused persons about their right to legal aid and their right not to incriminate themselves, but that only George Katjingisua made use of the right to remain silent. They said both Kauaria and Kasorere Katjingisua wanted to “tell what happened.”
Their testimonies came during a trial-within-a-trial to determine the admissibility of the confessions and warning statements they made to various magistrates and police officers. Earlier during the week Magistrate Claudia Claasen testified that she took down the confession of Kasorere. She described him as being relaxed and ‘streetwise’ when she took down his statement. Claasen said Kasorere told her at the time that he was not beaten or coerced by anyone to make a statement, but that “he just wanted to tell the truth.”
She also maintained that she expressly explained his right to have a legal representative present, even one provided by the State through Legal Aid, but that he said he did not need one at that stage. Last week Friday, Chief Inspector Hermias van Zyl who did the pointing out with Kasorere went through the footage with Kasorere to decipher some phrases that appeared inaudble in the transcript and Deputy Prosecutor General Antonia Verhoef requested a postponement until today. The remand was granted by Judge Alfred Siboleka since there was no objection from the defense team comprising of Louis Karstens representing Kauaria, Willem Visser for Erwin Katjingisua and Monty Karuaihe for Kasorere Katjingisua.
By Roland Routh