The long-running trial of the alleged killers of renowned stock theft investigator Hiambepo ‘Major’ Kazeurua is in its final stretch, with judgement set for 14 April. 

This is after the lawyers of the accused made their final submissions on the verdict. Esekiel Ipinge, on behalf of the State, asked retired judge of the High Court, Alfred Siboleka, to find the accused guilty as charged. 

He said the State had proved beyond a reasonable doubt that the accused are guilty of the crimes they are charged with. Stockley Kauejao (46), Muvare Kaporo and Mathew Kakururume are facing charges of murder, stock theft and defeating or attempting to defeat or obstruct the course of justice. 

Meanwhile Afas Kamutjemo (45) is facing a charge of stock theft alone. 

They all pleaded not guilty to the charges at the start of their trial. 

They put the onus of proof on the State for every allegation against them. 

Kamutjemo pleaded not guilty to a charge of stock theft. He alleges that the stolen cattle were mixed with his cattle on his grandfather’s farm. 

The indictment states that the accused conspired to kill Kazeurua to prevent him from tracing cattle they had stolen. Kaporo and Kakururume ambushed and killed him by strangling and throwing sand in his mouth to prevent him from breathing. 

This allegedly happened on 28 December 2012. The partly burnt body of Kazeurua was found in an aardvark burrow on 7 January 2013 after being reported missing days earlier. 

Solomon Kanyemba, on behalf of Kauejao, argued that the state failed miserably to prove the offence against his client. He told the court that there is no evidence that his client was involved with the murder or that he knew his co-accused, except for Kamutjemo. 

He asked the judge to find Kauejao not guilty on all counts. 

Mbanga Siyomunji, on behalf of Kakurume and Kaporo, argued that the state failed in respect of all charges to prove beyond a reasonable doubt that his clients committed the offences against them. The lawyer said the version of his clients could be reasonably true because their versions were not upset during cross-examination. 

This is particularly because they did not repeat their confessions under oath and, in fact, totally distanced themselves from it. Siyomunji added that the State’s entire case hinges on circumstantial evidence and must be approached carefully. 

“In assessing circumstantial evidence, one needs to be careful not to approach such evidence on a piecemeal basis and subject each individual piece of evidence to a consideration of whether it excludes the reasonable possibility that the explanation given by an accused is true,” he quoted from a judgement. 

He said the evidence must be considered in its totality; any inference to be drawn must be from the proven facts and should exclude every reasonable inference save the one that ought to be drawn. 

If they do not exclude other reasonable inferences, then there must be reasonable doubt. If there is doubt, a guilty verdict cannot follow. 

Jan Wessels, on behalf of Kamutjemo, reminded the court that his client was out of the country when the cattle were delivered at his grandfather’s farm. 

He told the judge that his client had no knowledge that the cattle were stolen. Consequently, he said, Kamutjemo cannot be convicted of stock theft if he had no knowledge that the cattle were stolen. 

The accused remain in custody at the section for trial awaiting inmates at the Windhoek Correctional Facility. 

Kamutjemo is out on bail. 

The judge ordered that Kauejao should be kept separate from his co-accused. -rrouth@nepc.com.na