Roland Routh
WINDHOEK – One of the five men accused of breaking into the residence of Walvis Bay businessman Hans-Jorg Möller and shooting him to death when he came to the defence of his wife is asking the High Court to release him on bail as he fears for his life.
Malakia Shiweda, 31, told Acting Judge Claudia Claasen that his co-accused tried to poison him at the Windhoek Correctional Facility where they are held.
Shiweda has made a statement to the police in which he admitted that he was the driver of the getaway car, but denied any knowledge of the robbery or the murder.
According to him, he was asked by Elly Ndapuka Hinaivali, 32, who is the owner of the vehicle, to accompany him to Walvis Bay as the latter wanted to fetch cement bags and boxes of fish.
As he himself wanted to buy fish at the fish factory, he agreed to accompany Hinaivali, he told the court.
However, the investigating officer, Detective Inspector Helena Ashikoto informed the court that their investigations have revealed that Shiweda was in ‘constant contact’ with Hinaivali during the evening preceding the attacks on the Möller residence.
She further said that Carol-Ann Möller, the widow of the deceased, positively described Shiweda as one of the robbers.
He was arrested about three days after the robbery and murder, but was released and re-arrested again four days later.
This prompted his Legal Aid lawyer Titus Ipumbu to ask the detective whether that conduct of Shiweda did not strike out one of the objections of the State against bail, namely absconding.
State Advocate Martino Olivier strongly objected to bail being granted to any of the accused, saying that it would not be in the interest of society and of the administration of justice.
He further said there is a strong fear that if released on bail, the accused will interfere with state witnesses and not stand their trial.
Shiweda and Hinaivali face charges of murder, attempted murder, conspiracy to commit housebreaking with the intent to rob and robbery with aggravating circumstances, housebreaking with the intent to rob and robbery with aggravating circumstances and two count of unlawful possession of a firearm and ammunition with Panduleni Gotlieb, 33, David Tashiya, 32 and David Shekudja.
According to the charge sheet the accused planned during June 2016 to break and enter into the residence of the Möller family and to rob money and other valuable items from them armed with knives, firearms and other dangerous weapons.
They then ransacked the house in search of money and other valuables where-after they fled the scene with the stolen items, it is charged.
According to the State, the five accused acted with a common purpose.
The bail hearing will continue today with submissions from both counsel.