Iuze Mukube
A man accused of assaulting and killing his ex-girlfriend in 2023 in the district of Otjiwarongo unsuccessfully challenged the admissibility of his confession and warning statement.
This follows a ruling by Acting High Court Judge Marilize du Plessis.
The accused, Protasius Kuvirua, faces four counts, including murder, assault by threat, malicious damage to property and defeating or obstructing the course of justice or an attempt thereof.
The State alleges that Kuvirua killed the deceased, Auguste Ndemupandula Jonas (28), who is alleged to have been his ex-girlfriend, in Otjiwarongo’s Telecom Location in March 2023.
Judge du Plessis found that the statement and confession were admissible in early March.
He pleaded not guilty to all counts.
The matter descended into a trial-within-a-trial after the defence objected to an application by the State, which was for the warning statement, as well as a confession made by the accused, to be handed up as exhibits.
He contended that at the time of his arrest on 19 March 2023, he was not in his right mind, shocked from the death of his girlfriend.
He stated that when he was asked questions, he always replied in the positive when asked questions, even though he did not understand what was going on around him.
He contended that no rights were explained to him upon his arrest.
He said a charging officer told him that he would be taken to court, where he will give a short statement, like the one he gave on the night of his arrest, and if he did so, it would be easier for him to get bail.
He also said that it took him two weeks to get over the shock of what he had seen.
He added the confession was not done freely and voluntarily.
State witnesses, including the charging officer and the magistrate alleged against in the matter, were summoned.
Their testimonies pointed the court towards finding that the accused made the confession without undue influence and that he voluntarily gave the warning statement.
The court ruled the warning statement made by the accused to be admissible, provided it did not amount to a confession.
De Plessis also ruled the confession as admissible.
The matter was postponed to 5 May 2026 for continuation of trial.
It is alleged the deceased was found with another man in the bedroom, and an argument erupted between the suspect and the deceased as a result.
It is alleged further that the accused chased the male companion he had found with the deceased out and thereafter turned the knife on Jonas.
During the attack, Jonas managed to run into the room of her neighbour; however, the accused allegedly broke down the door and continued to stab the deceased.
Jonas died at the scene due to lacerations to her heart caused by one of the 13 wounds allegedly inflicted by the accused.