Iuze Mukube

A woman accused of setting a shack on fire in Windhoek, in which two people were killed, told Judge Claudia Claasen that she was coerced into making a confession by a warrant officer.

Mecthilde Karomo (32) faces charges of arson and two counts of murder following the deaths of Leonard Haupindi Kadubuli and Anastasia Ihemba Matende.

The charges are in relation to that on 26 December 2022, Karomo intentionally killed her ex-boyfriend [Kadubuli] and his then-alleged girlfriend [Matende] by setting Kadubuli’s shack on fire.

It is alleged that the incident occurred due to relationship issues, as on 25 December 2022, Karomo allegedly threatened Kadubuli that she would set his house on fire after an altercation between them.

Later, the accused allegedly set the shack alight while the couple was asleep, resulting in Kadubuli and Matende burning to death in Windhoek’s Okahandja Park informal settlement.

Karomo is further charged with arson for allegedly setting Kadubuli’s shack on fire, or alternatively, malicious damage to property, as various items inside the shack were destroyed by the fire.

However, during the trial-within-a-trial proceedings this week, Karomo testified that the confession before court that she allegedly made to a magistrate upon her arrest were dictated to her by warrant officer Joseph Sakaria, and is, therefore, seeking to have it ruled inadmissible.

According to her lawyer Mbanga Siyomunji, the confession did not meet the requirements of section 217 of the Criminal Procedure Act, entailing it to be made freely, voluntarily, willingly and without undue influence.

She stated that Sakaria told her that he will help restore her freedom if she told the truth and admitted to allegedly setting the deceased’s house on fire out of jealousy.

“I told him that it was not me [perpetrator] and apart from that I have no other truth that I will tell you,” she said.

“He told me that when I go to that person [magistrate] I must admit that it was me who burned the house and that I must admit I burned the house of Kadubuli out of jealousy and also because he infected me with a disease,” she added.

Karomo stated that she was warned not to mention any names, particularly that of the officer, as it could get him into trouble, and also claimed that she was instructed to tell the magistrate that she was willing to make a confession.

She explained that she repeated to the magistrate exactly what Sakaria instructed her to say, as she feared for her life after being threatened with being taken to a place meant for people who refuse to speak.

Karomo admitted that she did not inform the magistrate about being coerced when asked whether she had been threatened or promised anything in exchange for her confession.

Furthermore, she admitted that she told the magistrate she would represent herself, explaining that Sakaria told her it was unnecessary to have legal representation and that the confession was merely a simple task between her and the magistrate.

Sakaria, who also testified on the matter, stated that he spoke with Karomo at the Wanahenda police station regarding the allegations that led to her arrest.

This was after she was handed over to him from warrant officer Akushika Hiskia, who brought her to the police station, and another officer who was apparently present at the time, Fednard Nghilinganye.

He stated he informed Karomo of her rights including the right to remain silent and to a legal representative.

He testified that she narrated to him that on 25 December 2022, Karomo went to see her boyfriend but found him with another woman.

The boyfriend apparently refused to see her, so she went to a nearby service station, bought matches and paraffin, went back to Kadubuli’s house, and set his shack on fire.

The boyfriend was allegedly asleep in the house with his then-lover.

Sakaria stated that the accused told him that she felt bad because of her actions and that it was not her intention to cause any deaths, but rather she wanted to burn the house down out of jealousy.

He added that he advised her not to say anything further as her statement amounted to a confession, but she insisted on continuing, stating she felt bad for what she had done.

It was further stated that Karomo used officer Nghilinganye’s phone to call her uncle and inform him of her actions.

Karomo, however, denied all the officer’s testimonies, arguing that she never confessed to burning the deceased’s house out of jealousy, but was instead instructed to say so.

She further added that she made the confession under duress and in pain all over her body, particularly on her hands, from the time they had been tightly restrained by handcuffs.

Hence, at the time, she was unfit to make the confession due to physical and mental stress.

The State is represented by Dominic Lisulo.

The matter continues in the Windhoek High Court. –mukubeiuze@gmail.com