Iuze Mukube

Windhoek High Court Judge Philanda Christiaan on Monday found Rodney Hoxobeb guilty on a murder charge and four others. 

The 29-year-old was charged with multiple offences, including murder, attempted murder, robbery with aggravating circumstances, reckless or negligent driving, driving without a driver’s licence and driving under the influence of intoxicating liquor.

He was, however, found not guilty on the count of attempted murder.

The charges are in relation to the death of his former employer, Christof Mberitjiwa Mungunda (65), a Talismanus farmer, on 16 September 2022 in the district of Gobabis.

Following the presentation of the charges, Hoxobeb had tendered a guilty plea to four of the counts and a not guilty plea for the counts of attempted murder and driving under the influence of intoxicating liquor.

The State, however, was not satisfied, contending that not all essential elements in relation to the charges of murder and reckless and negligent driving had been sufficiently admitted.

In relation to the murder charge, the State contended that the accused did not admit to using a stone and throwing it onto the deceased’s head.

Additionally, the State expressed dissatisfaction with the accused’s plea of guilty to the charge of negligent driving, as opposed to a plea of guilty to reckless driving. 

Christiaan stated that the State proved beyond a reasonable doubt that the accused committed murder with direct intent, as the circumstantial evidence proves beyond a reasonable doubt that he used a stone to strike the deceased, causing death.

She stated that the State led evidence which challenged the accused’s claim of not using a heavy stone to strike the deceased by way of undisputed testimony from two witnesses, a scene-of-crime officer Bene-Zentus Haoseb, and the accused’s former co-worker, Jerry Shitani.

Haoseb testified that upon being summoned to the crime scene the day after the incident, he observed that the rock discovered on top of the deceased’s head had been moved from an original point to where it was discovered on the victim.

Shitani, being the first to discover the body of the deceased, testified he had discovered the deceased lying on the ground with a large stone on his head.

Christiaan stated that the circumstantial evidence, in conjunction with the testimony of the two witnesses, demonstrates that the accused was the one who, after the deceased was knocked down with an axe handle, subsequently took the stone and smashed the deceased’s head.

Furthermore, the State submitted a medico-legal report by mutual agreement of the
parties, with no objection from the accused, which confirmed that the cause of death was blunt force trauma.

Therefore, since the accused did not dispute killing the deceased and a heavy stone was found near the head, the only reasonable inference is that the accused used the stone to inflict the fatal injury.

The accused’s choice to remain silent in the face of this incriminating evidence swayed the pendulum against him.

She, however, found him not guilty on the count of attempted murder and acquitted him.

She disagreed that the State proved attempted murder beyond a reasonable doubt, as inference did not establish that the accused had intention to kill Shitani, who is the complainant and the sole witness to the charge.

“There is no evidence to suggest that the accused attempted to strike Shitani or deliberately accelerated toward him,” she said.

Although Shitani’s testimony may demonstrate that the accused acted recklessly or negligently, it does not necessarily establish intent to kill beyond a reasonable doubt.

The accused is represented by Joseph Andreas.

Christiaan postponed the matter, for submissions before sentencing. 

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