Windhoek
The continued absence of two accused in the trial of five men accused of murdering two brothers in Rehoboth in 2010 has forced the office of the Prosecutor-General to provisionally withdraw the charges against the remaining co-accused.
State Advocate Ethel Ndlovu on Tuesday informed Judge Nate Ndauendapo that in the absence of Silas Hawala, 39, who is suspected of being the main culprit, she cannot proceed with the matter.
The case was due to start already in September 2014, but was repeatedly postponed to give the police time to trace Hawala.
He is charged (along with Taapopi Thobias, Daniel Matheus, 31, Elias Nghikufwasha, 32, and Johannes Mwoongela, 25, on two counts of murder.
Mwoongela went missing after he was released at the Rehoboth Magistrate’s Court on N$1 000 bail shortly after the murder. All of the accused are out on bail in the same amount.
During a previous appearance Ndlovu informed Judge Ndauendapo that while the State was prepared to proceed with the trial in the absence of Mwoongela, she needs a postponement in order for the police to trace Hawala.
She said that she is not at liberty to proceed without the main suspect. The bail money of Mwoongela has already been declared forfeited to the State and a warrant of arrest is out for him.
The bail money of Thobias, Matheus and Nghikufwasha was refunded to them and they were warned that they can be summoned to appear on the same charges should Hawala be traced.
It is alleged in the indictment that the five men stabbed and killed the brothers, Petrus and Phillipus Kinda, on February 27, 2010 in Rehoboth.
According to the summary of substantial facts Markus Kinda – a brother of the deceased – asked Hawala about money he allegedly owed him during the early morning hours of the day in question.
Hawala then allegedly told Markus that he does not speak to Damaras and left. Hawala then returned with a group of men – including all the accused – armed with sharp objects and started to chase the deceased and Markus, it is alleged.
Both deceased were then stabbed in the neck and head by all the accused and died as a result of the stab wounds, the indictment states. The State contends that all five accused acted with common purpose.
Christopher Stanley represented Thobias and Mwoongela. Winnie Christians appeared on behalf of Matheus and Willem Visser was for Nghikufwasha.