WINDHOEK – There is still no verdict delivered in the long-awaited ruling in a trial-within-a-trial on the admissibility or otherwise of statements and admissions the three accused in the Stoop murder trial made to police officers upon arrest.
Judge Alfred Siboleka told Nelsiene Utiapatie Kauaria, 28, George Tjikuao Katjingisua, 30, and 29-year-old Erwin Kasorere Tjiueza Katjingisua he is not ready and that he will only be able to deliver his ruling on April 27.
The trial-within-a-trial surrounds the admissibility of statements and a pointing out the police obtained from Kauaria and Erwin Katjingisua.
The defence disputed the statements and pointing out was made freely and voluntarily and that the accused were not informed of their rights to legal representation when the statements and pointing out were made.
During the proceedings in 2013, officer after officer were adamant they followed procedures when they arrested the accused and when they took down their statements.
Both Sergeant Billy Kamusuvise and Warrant Officer Eslad Jamuine, who were the arresting officers, testified they expressly told the accused persons about their right to legal aid and their right not to incriminate themselves, but that only George Katjingisua used his right to remain silent.
They said both Kauaria and Kasorere Katjingisua wanted to “tell what happened”.
Magistrate Claudia Claasen also testified that she took down the confession of Kasorere.
She described him as being relaxed and appeared “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 “he just wanted to tell the truth”.
She also maintained she expressly explained his right to have a legal representative present, even one provided by the State through Legal Aid, but said he did not need one at that stage.
Kauaria who allegedly made certain statements and confessions to Jamuine also made an alleged confession to Magistrate Alexis Diergaardt about her involvement in the murder of 78-year-old Gideon Johannes (Koos) Stoop during the period August 28 to 29, 2009 at his flat at Erf 304, Shilunga Street in Cimbebasia, a residential suburb of Windhoek.
Kauaria claimed she never made any statements or confessions, but was only talking to Jamuine and Diergaardt.
Kauaria and the Katjingisua siblings face charges of murder, robbery with aggravating circumstances, attempted robbery with aggravating circumstances and conspiracy to commit robbery with aggravating circumstances.