Windhoek High Court Judge Claudia Claasen on Thursday ruled that a confession by a woman accused of arson is admissible as evidence.

Mechtilde Karomo (32) is accused of a fatal shack fire, which claimed the lives of her ex-boyfriend and his girlfriend in December 2022.

However, the judge ruled that oral admissions made to two police officers upon her arrest are inadmissible, as they did not meet the requirements of the Criminal Procedure Act.

Karomo had objected to the admissibility of the confession and the oral admissions, claiming she was coerced into making the statements.

Regarding the oral admissions to the officers, Judge Claasen said the legal standard requires that the accused must be of sound and sober mind, not unduly influenced and properly advised of her rights to legal representation and to remain silent.

From the officers’ evidence, it was unclear whether Karomo had been advised of her rights.

“All things considered, their evidence was riddled with discrepancies and confusion. Collectively, it can hardly satisfy the court that a voluntary admission meeting the requirements was made,” the judge said.

Concerning Karomo’s admissions to Warrant Officer Joseph Sakaria and her willingness to give a confession to a magistrate, the judge found no evidence that Sakaria had unduly influenced her.

Sakaria’s testimony was consistent, coherent and credible, leading the judge to rule that the confession was made freely and voluntarily, and she admitted it into evidence.

Judge Claasen addressed arguments from Karomo’s Legal Aid representative, Mbanga Siyomunji.

The lawyer contended that she was not in her sound and sober senses when confessing, attributing this to injuries she sustained after being attacked by a crowd and to her emotional state.

The judge noted, however, that Karomo herself told the magistrate she was fine and wished to confess.

The magistrate posed several questions to ensure she was of sound mind.

Karomo repeatedly affirmed that she was ready to make the confession.

She pleaded not guilty at the start of her trial, challenging the State to prove every allegation against her.

She is accused of killing Leonard Kadubuli (36) and Anastasia Matende (31) on 25 December 2022 in Windhoek’s Okahandja Park informal settlement.

The State alleges that Karomo went to Kadubuli’s shack and demanded that he open it while he and Matende were inside.

She is further accused of threatening to burn down the shack and kill the occupant.

She allegedly returned in the early hours of the following day to set the shack on fire, killing both victims while they were asleep.

An alternative charge of malicious damage to property has also been added.

Advocate Dominic Lisulu represents the State. Karomo is currently free on bail.

-rrouth@nepc.com.na