Iuze Mukube
The defence in a trial of a woman accused of setting her lover and his then-girlfriend alight whilst they slept in a house, has urged the court to acquit her of the charges against her.
Mechtilde Karomo is facing two counts of murder and arson, with its alternative, malicious damage to property.
The charges are in relation to the incident that occurred on 26 December 2022 in Okahandja Park, where the lives of Leonard Haupindi Kadubuli and Anastasia Ihemba Matende were lost in a fire.
It is alleged that the shack fire was started by the accused after an altercation occurred between her and Kadubuli on 25 December that year.
Through her lawyer, Mbanga Siyomunji, she submitted for the acquittal in closing arguments before a verdict is handed down in the Windhoek High Court last Thursday.
Siyomunji argued that the State has failed to prove its case beyond a reasonable doubt and its evidence was riddled with inconsistencies.
He submitted that key witnesses contradicted themselves in many material respects, such as the reason the accused burnt the deceased’s house was that he gave her a disease.
Siyomunji also submitted that the confession of the accused to the magistrate does not meet the requirement of section 217 of the CPA and hence, little weight must be attached to it.
Despite the magistrate recording during the confession that Karomo had varying bruises on her body and internal injuries to the left ear from being hit by a pipe, rendering her unable to hear properly, Siyomunji argued, the magistrate hastily concluded the injuries did not incapacitate Karomo or put her in a state where she was unable to speak or to make a statement freely.
Prior to the submissions, the accused testified that she was in a relationship with Kadubuli at the time.
She admitted they had a fight but that she went back to her place to sleep and that was the last she saw of him.
She testified that after her arrest, Warrant Officer Joseph Sakaria told her that she must confess to the crime and that she did not need a lawyer.
She was told by the officer that if she confessed to the crime, she would get a few years and would be back to her children, even when she kept on declaring her innocence.
Sakaria also told her to confess before a magistrate and that she went there to give a confession voluntarily.
Additionally, she must say she burnt the shack of her boyfriend because she found him with another girlfriend and that she was jealous but did not mean to kill them.
She was also told allegedly not to mention any names or that she was forced to give a confession.
Although she was not in the right state of mind from injuries sustained from a beating from community members, she did as she was told.
She also said her rights were not read to her and that she was not taken to the hospital and only charged after the confession.
Siyomunji stated that the court need not believe the accused’s version in all its detail, but if it is reasonably possibly true in substance, then that becomes the basis the court must decide the matter on.
He stated that the onus is on the state in proving the allegations made in each count but that the state failed to prove the guilt of the accused beyond a reasonable doubt in all counts.
The confession could not have been given as per the requirements of the CPA because Karomo was injured, in an emotional state and needed medical treatment at the time, he stated.
He stated that instead of being taken to the hospital, she was taken for a confession and only charged a day after the confession.
The lawyer submitted that this points to the underhanded methods used by the police, especially warrant officer Joseph Sakaria.
He submitted that the accused should be acquitted on all counts.
The state, represented by Dominic Lisulo, argued that it had presented sufficient evidence to prove Karomo’s guilt and urged a conviction on the charges.
–mukubeiuze@gmail.com