Iuze Mukube 

A contention over the chain of custody of blood samples collected from the home of the murdered NamPower employee was made yesterday in the Windhoek High Court. 

The deceased, Benjamin Silombela (41), allegedly died due to suffocation after a couple, Jorene Bezuidenhout (28) and Muningandu Kaapama (29), robbed him and left him tied up, with his mouth gagged, at his Eros flat on 24 May 2022. 

The trial proceeded yesterday with testimony from a State witness, scene-of-crime officer Lea Aludilu, who presented evidence of collecting blood samples from Silombela’s house on 24 May 2022. 

Aludilu testified that she was assigned to collect saliva samples from both of the accused on 27 May 2022. 

It was during her cross-examination by Legal Aid-instructed lawyer Mbanga Siyomunji that the contention was raised. 

Siyomunjibegan by questioning why Aludilu’s sworn statement did not include crucial information about her collecting the blood samples from the murder scene. 

He argued that the sole purpose of the officer going to the deceased’s house was to collect the blood samples, as she testified,  in the room, toilet and socket, but such information was not included in her statement. 

He asked why the information contained in her statement was only done last year on 26 March when it should have been done in 2022. 

The lawyer said the two-year gap raised serious doubts, especially since the officer testified that she only made the statement after being asked to do so. 

The lawyer further raised concern that there was no evidence indicated from her statement on the chain of custody of the blood samples. 

He said that her statement does not explain where and in what condition the samples were kept. 

Notably, seven days of chain of custody remained unaccounted for, from the time she collected the samples on 24 to 31 May 2022, after they were handed over to the investigating officer Joseph Ndokosho. 

After receiving a response from the officer, he contended that it was difficult for the court to believe that a scene of crime officer had forgotten to handle the chain of custody. 

He further questioned her on a four-day period, which is also unaccounted for in relation to the chain of custody over saliva samples collected from the accused on 27 May 2022. 

The samples were then handed over on 31 May 2022 to Ndokosho. 

Siyomunji argued that Aludilu  failed to satisfy the requirement for a chain of custody, which is crucial for the admissibility of evidence. 

The couple is facing charges of murder, robbery with aggravating circumstances and defeating or obstructing the course of justice. 

Anna Amukugo is representing the State. 

Judge Philand Christiann is presiding over the matter. 

The matter continues in the Windhoek High Court. 

-mukubeiuze@gmail.com