Nuusita Ashipala
Oshakati-The Oshakati High Court last week found 47-year-old Detective Sergeant Raphael Nawa Ilukena from Katima Mulilo guilty of murder, kidnapping and assault by threat.
Ilukena was indicted for the kidnapping of his wife’s lover, Christopher Chisanga, and subsequently murdering him on July 20, 2012.
He faces an additional charge of assault by threat read with provisions of the Combating of Domestic Violence Act 4 of 2003. According to the court, Ilukena searched for Chisanga after learning from his son that he was having an affair with his wife.
Ilukena’s wife had confessed to having a sexual relationship with Chisanga.
Upon finding Chisanga, Ilukena handcuffed him and forcibly removed him from his house in New Cowboy and took him to his house in Chotto Compound. At the house, Ilukena locked himself, Chisanga and his wife in the house for about four hours before the police were tipped off.
When the police arrived at the house, Chisanga was found half naked, bruised and was declared dead upon arrival at the hospital. In her testimony, the wife told the court that Ilukena whipped Chisanga with a sjambok, kicked him with booted feet and trampled on him continuously for four hours.
Ilukena pleaded not guilty to all three charges arguing that Chisanga had consented to being detained, which the court rejected.
Ilukena further told the court that he was suffering from stress, anger and was intoxicated when he committed the act. Judge Marlene Tommasi found that Ilukena acted with diminished criminal responsibility caused by non-pathological incapacity when he committed the murder and the assault by threat in respect of count two and three.
“This court is of the view that the accused’s ability to act in accordance with an appreciation of wrongfulness was weakened substantially and not just to the extent that it can be said this his moral blameworthiness was materially reduced,” remarked Tommasi.
The court found that the accused’s actions were voluntary.
In respect of count one, kidnapping, the court inferred that had Chisanga been given an opportunity he would have fled, but was restrained from doing so.
“The evidence adduced before court supports a conviction on this count as the state proved its case in respect of this count beyond reasonable doubt,” remarked Tommasi.
Advocate Ruben Shileka from the Office of the Prosecutor-General prosecuted while Phineas Nsundano represented the accused.