WINDHOEK – One of the five men accused of murdering Walvis Bay businessman Hans-Jorg Möller during a daring robbery during the early hours of June 17, 2016 wants to be released on bail pending his trial.
The accused David Shekundja, 36, launched a belated bail application on Friday last week before the trial starts today before Windhoek High Court Judge Dinnah Usiku at the premises of the Windhoek Correctional Facility.
He claimed through his privately instructed lawyer for the bail hearing, Mbanga Siyomunji, that he has reasonable prospects of being exonerated on all the charges he is facing as he “was not in Walvis Bay when the incident occurred, but was in Windhoek”.
His alibi is he has a witness to corroborate this. The appeal was heard by recently appointed Acting Judge Ileni Velikoshi. The hearing was postponed provisionally to this coming Friday for the witness to testify, but should any earlier dates become available they will be utilised as the bail hearing should be finalised as soon as possible.
State Advocate Marthino Olivier on behalf of the prosecutor general opposed the bail application and told the court that the state has compelling and strong evidence against Shekundja.
Olivier produced five dockets dating from 2012 showing that Shekundja was previously arrested on robbery charges, but those charges were provisionally withdrawn because the dockets went missing. He vowed to reactivate those cases.
According to Olivier, he is also in possession of various statements from the co-accused of Shekundja that it was in fact he (Shekundja) that was the mastermind behind the robbery of the Möller residence.
Shekundja is accused together with Gotlieb Panduleni, 31, who allegedly fired the fatal shot; David Tashiya, 30, Elly Ndapuka Hinaivali, 30 and Malakia Shiweda, 29. They face charges of murder, attempted murder, conspiracy to commit housebreaking with the intent to rob and robbery with aggravating circumstances, housebreaking with the intent to rob and robbery with aggravating circumstances and two counts of unlawful possession of a firearm and ammunition.
According to the charge sheet the five men planned to rob the Möller family residence of money and other valuable items. They broke into the house armed with knives, firearms and other dangerous weapons.
They broke into the house either late June 16 or in the early morning hours of June 17, 2016 while the family was asleep. Brandishing the weapons, they allegedly demanded money from Carol-Ann after she had gone to investigate a noise she had heard, the indictment reads.
When the deceased tried to come to the assistance of his wife, Panduleni shot him in the stomach and the accused continued to assault Carol-Ann while demanding money, it is alleged. They then ransacked the house in search of money and other valuables whereafter they fled the scene with the stolen items, it is charged. Möller was transported to a hospital where he succumbed to injuries sustained in the robbery.
According to the state, the five accused acted with a common purpose.
The items stolen from the Möller family include seven cellphones valued at N$47,300, one laptop valued at N$18,500, one I-Pad worth N$3,500, the deceased’s wallet with various documents valued at N$1,200, one digital photo frame worth N$2,500, an unknown amount of foreign currency in Euro, British Pound, US Dollar, Zambian Kwacha, Zimbabwean Dollar and Botswana Pula. Also taken were a black laptop bag worth N$300, one black backpack worth N$350, one Canon EOS 600 D camera and large lens valued at N$18,000, a bedside clock with alarm valued at N$2,300, jewellery worth N$56,000, three knives valued at N$4,800, N$8,200 cash and N$11,400 in envelopes meant for commissions.
Panduleni will now be represented by Illeni Gebhardt after Mbushandje Ntinda withdrew from the case, Tashiya by Mese Tjituri, Shekundja by Mpokiseng Dube, Hinaivali by Trevor Brockerhoff and Shiweda by Titus Ipumbu, all on instructions of legal aid. The accused remain in custody at the Windhoek Correctional Facility cells for trial-awaiting inmates.