Windhoek
One of the suspects accused of breaking into the Windhoek Magistrate’s Court three years ago was unhappy the case was remanded to March 2016.
Thomas Mutilifa, 30, and Hafeni Kafila Kautwima, 29, are charged with the theft of three police dockets which dealt with robbery and fraud cases. They both face a charge of housebreaking. The matter was due to start for plea and trial on Monday, but due to the unavailability of a magistrate, the case was remanded to March 22 and 23 next year and this upset Mutilifa.
The magistrate, who was supposed to hear the matter was simply not available, but Mutilifa was clearly not happy about the postponement, informing the court that the matter has been remanded seven times for plea and trial. He requested the matter be provisionally withdrawn and that the State re-summon them, but prosecutor Joseph Andreas objected.
Mutilifa and Kautwima allegedly stole the dockets some time between January 17 and 18, 2012 after they broke into the office of Hendricks Tholiso – a prosecutor at the Magistrate’s Court at the time.
It is alleged the suspects stole dockets which contained witness statements related to ongoing investigations into robbery and fraud, crucial scientific evidence and statements of the accused, all vital for a successful prosecution.
The break-in was only discovered the following morning and court sources said the motive behind the theft of the court records could’ve been an attempt to defeat the course of justice.
Mutilifa was an interpreter at the same court where the alleged docket theft occurred and was also an interpreter in the High Court. He has since secured a new job. Kautwima was a taxi driver at the time of the suspected burglary.
The two are free on bail of N$3 000 each, which was extended until their next court appearance.
The incident compelled the justice ministry to install surveillance cameras in the foyers and entrance to the court and an alarm system. Burglar doors were also installed.
Although some cases don’t see the light of day after the dockets vanish, the head of the Namibian Police public relations division, Deputy Commissioner Edwin Kanguatjivi, recently said a docket “vanishing” would not necessarily derail a criminal case, as there are back-up mechanisms.
He said, unlike in the past, all criminal dockets are usually backed up, and if they are not backed up the interviews could be re-conducted. Even so, the raft of new security measures did not stop the alleged break-ins.
The Windhoek Magistrate’s Court was also broken into on June 30 and July 1 this year, when thieves got away with a computer on each occasion. The computers were taken from the office of court clerks, where information about ongoing trials is kept.
One of the windows to the office could not be locked, and this is apparently how the culprits gained entrance to the building. The images from the surveillance cameras are not clear enough to identify the suspects, this reporter was told.
The Ministry of Justice has since installed bars on the windows where court clerks sit and also installed burglar-proof doors at the entrance to the court.