Windhoek
The ruling in the trial-within-a-trial, in which an Arandis resident who is accused of the brutal rape and murder of Cintha Robertha Gaeses, near the Kolin Foundation Secondary School in 2013, is disputing a confession, warning statement and pointing out, is expected on June 30.
This was indicated on Tuesday by High Court Judge Dinah Usiku when the lawyers finished their submissions in the Windhoek High Court.
Charles Noabeb, 28, is disputing a confession he made to Magistrate JS Prinsloo at the Swakopmund Magistrate’s Court on April 07, a pointing out he made with Detective Chief Inspector Mwatongwe the same day and a warning statement he gave to Constable Karunga the next day.
Also in dispute is a “letter of apology” he wrote to the family of the deceased and the community of Arandis at large. He claims the confession, statement and pointing out were obtained through assault and not given freely and voluntarily.
State Advocate Simba Nduna submitted to the court that Noabeb’s claims were an afterthought as it was clearly stated during evidence that no evidence of coercion either by assaults or threats were observed.
He said the mere fact that the accused did not make use of the chance to inform the magistrate of the so-called assaults during the confession proves that he is lying.
“Notably, no witness was called by the accused, not as a witness to assaults/torture/threats to corroborate the accused’s version, but at the very least, to say that the accused had informed them of the alleged coercive actions,” Nduna emphasised.
He further said Noabeb’s very late claim that he was not informed of his rights, especially his right to be represented by a state-funded lawyer is clearly a desperate attempt by him to have the admissions thrown out.
According to him the police officers as well as the magistrate “properly” warned the accused of his rights. On the other side of the coin Noabeb’s state-funded lawyer, Milton Engelbrecht, argued the reason the accused did not inform anyone of the alleged assaults and threats was because the police threatened to keep his family locked up until after the trial was finished.
According to Engelbrecht the accused believed the police were in a position to do this and as a person who loves his family he decided to do what they asked of him. He argued the accused’s rights were not properly explained to him as he was merely informed of his right to a legal practitioner and not that the State would provide one for him.
He also submitted the accused was not informed of his right not to incriminate himself when he was arrested.
Noabeb denied all the charges when he pleaded to the charges on May 05. He is accused of the brutal rape and murder of Gaeses between the period of March 28 to April 03, 2013 at the tiny mining town of Arandis.
It is alleged that Noabeb attacked the deceased and stabbed and/or cut her at least 29 times with a knife and/or blade over her body while she was on her way home from visiting a nightclub.
The body was found the next Monday morning by pupils at the Kolin Foundation Secondary School.