ONGWEDIVA – The High Court judgement that let off scot-free three murder suspects has yet again proven the justice system is ‘failing’ in the fight against murders being perpetrated against women. This is according to villagers of Onakaheke, where 21-year-old Emilia Mvula Erastus was raped and murdered in March 2011.
Last Thursday the High Court in Oshakati found Herman Mbango who was the first defendant, and two brothers Simon and Tylves Shaanika who were the second and third defendants, not guilty of murder, rape, housebreaking with intent to rob and robbery. The reason for the acquittal was because the police officers who arrested the suspects allegedly beat a confession out of the suspects.
The court judgement that now let the three accused walk free has deeply disappointed the community who prior to the trial had demonstrated against the gruesome crimes. In 2011, community members pleaded with the court to impose a stiff sentence on the perpetrators in the Erastus murder.
“It is clear that there is no justice. It is very disappointing. The guilty will now continue to carryout criminal acts and they will harass the witnesses and all the community members who were against them. They are also a bad example to others who now know that they can murder women … as they are protected by law. We can’t trust our justice system if things continue like this,” said Reverend Andreas Shomagwe, one of the people who attempted to help the late Erastus by calling the police before she was murdered.
David Kandjeke who was the late Erastus’ employer at the time of her death echoed Shomagwe’s sentiments, and decided to consult the Prosecutor General Martha Imalwa and the Anti-Corruption Commission for the judgment to be “reversed.”
It is alleged that Mbango’s mother is a police officer at Okahao and a colleague of the officers who arrested him and his co-accused, thus community members suspect that the arresting officers might have deliberately ‘sabotaged’ the case.
Erastus ‘ lifeless body was found naked inside a room at the back of the bar where she was working. Tape was found around her head covering her face, including her nose and mouth. The suspects also tied a shoelace tied around her neck and she is believed to have suffocated to death.
Forensic analysis found semen on the deceased and DNA tests were carried out to determine whose semen it was but the samples were allegedly not handled properly.
This also allegedly contributed to the acquittal of the suspects in the merciless and brutal murder of the bar attendant at Six Mabone Bar.
Evidence all along pointed to the three suspects who confessed and led police to the spot where they hid the money and equipment they used to break into the room where the young woman was staying. However, all this evidence could not be used because the suspects were assaulted.
Mbango also confessed in the Okahao Magistrate’s Court during his bail application that he witnessed Tylves and Simon Shaanika carrying out the crime but he allegedly did not participate. He however opted to remain silent about this during the high court trial and this evidence too could not be used against him and his co-accused since he did not repeat this under oath.
State Advocate Dominic Lisulo said: “There is no way that I can be satisfied with that [judgement] we are considering an appeal. We still have an opportunity to appeal within 14 days and we are going to do that.”
By Helvy Shaanika