WINDHOEK – The Windhoek Magistrate’s Court set free a security guard accused of killing and raping a woman whose corpse was discovered near the University of Namibia’s (Unam) main campus last year.
The case was struck from the roll as per an order issued by Magistrate Ndapewa Amadhila on Tuesday after it came to light the investigating officer failed to comply with the instructions that were given to him by the prosecutor general.
The court was not furnished with reasons by the investigating officer why the instructions could not be carried out.
The State requested for a postponement citing that the charges are of a serious nature but the court rejected it.
“Accused person has a right to a speedy trial and an unwilling investigating officer cannot continue to tramp on such rights under the guise that the matter is serious and to be postponed on the serious nature thereof,” said Amadhila.
Meanwhile, the prosecution may apply for the reinstatement of the case on the roll at a later stage once it gets it’s house in order.
The accused, Tuhemwe Dinyando, 32, has been in police custody for nearly 18 months.
The prosecution had charged Dinyando with counts of murder and rape, stemming from the death of Theresia Pietersen, 31, who died on 9 April 2018.
Pietersen’s half-naked corpse was discovered by a passer-by between the Western Bypass and Unam’s main campus on 10 April 2018.
Police reports indicate that Pietersen was last seen in the company of Dinyando during a night out. It is alleged Dinyando bought Pietersen drinks during an outing with friends on the date in question. Thereafter, Pietersen broke away from her friends, only for her lifeless body to be discovered between the Western Bypass and Unam’s main campus the next day.
During the failed formal bail application hearing, Dinyando pleaded not guilty to the charges. In his own defence, he said that although he was with Pietersen the night before she died, he did not kill her. According to him, they had consensual sex and he paid Pietersen N$200. He testified that he escorted Pietersen to the gate but he has no idea what happened to Pietersen after they parted ways on that fateful night.
The police indicated that one of Dinyando’s colleagues saw the two together and they were engaged in an argument when they left his room the night before Pietersen was discovered dead.