Iuze Mukube 

State advocate Maria Shilongo yesterday asked the Windhoek High Court to convict John Kangumbe Mutirua of abducting and raping a minor, intentionally killing Albertus Maasdorp, and attempting to murder Sililika Witbeen in 2023. 

Mutirua (23) is being tried on two counts of murder, two counts of attempted murder, robbery with aggravating circumstances, defeating or attempting to defeat or obstruct the course of justice, abduction (alternatively kidnapping), two counts of kidnapping, and five counts of rape. 

The prosecution alleges that the offences occurred during the period of 2018, 2020, and 2023. 

During oral submissions before Acting Judge Makapa Simasiku on Monday, Shilongo argued the State has proved its case against Mutirua beyond a reasonable doubt. 

She argued that, for the charge of murder, evidence showed there was no weakened fence the accused relied on to amplify the force of his stab towards the deceased. 

She argued that medical evidence showed the force used was extensive, causing a deep penetrating wound to the deceased’s heart. 

She argued the depth indicates that the accused had the intention to murder Maasdorp on 16 July 2023 at Epako in the district of Gobabis. 

She added that the deceased did not have a weapon, nor did he endanger, attack, pursue, or threaten the accused in any way. 

She added that the accused had the intent to kill when he tried to murder Witbeen on 16 July 2023, after going to his house and stabbing him twice with a knife. 

She added that the version of the accused, in which he denies robbing the deceased and instead states it was two of his friends who did, should be rejected as false. 

She further argued that the State has proven beyond a reasonable doubt that the accused kidnapped and abducted three minor children, two boys and one girl, and subsequently raped the nine-year-old girl amongst them. 

She stated the accused lured the three children away from a familiar environment, without parental consent, to a bushy area seven or more kilometres away, with the intention to rape. 

She added that it is a common cause that the accused kidnapped the two minor boys, aged 11 and seven years, tied them together, and forced one of the boys to have sex with the young girl. 

She argued that the evidence against the accused even in the absence of medical evidence is on charges of rape are overwhelming. 

She added that although the accused is pleading mistaken identity, there is overwhelming evidence to place him on the scene. 

Shilongo told the court that when asked why everyone would lie against him, as stated by the accused on his various charges, he was unable to give a satisfactory reason. 

The accused, represented by Ileni Velikoshi, argued that a medical doctor’s evidence on the examination of the rape complainant should not be trusted. 

He said this is because there was a contradiction over whether the redness found on the victim was caused by trauma or a sexual act. 

He further argued that this is a case of mistaken identity and recognition because the victims on the kidnapping and rape charge only identified him after he was arrested. 

He added that the complainants could not identify anything that could distinguish the accused, apart from his face, which raises doubt about their evidence. 

For the murder count, the accused argued he did not have the intention to murder the deceased, and that the deceased was the one who attacked and stabbed him. 

He stated he stabbed the deceased in self-defence. 

Judge Simasiku reserved his judgment until 03 November. 

-mukubeiuze@gmail.com