A Windhoek resident, accused of viciously attacking and killing his wife with a hammer, was convicted of murder with direct intent and defeating the course of justice on Tuesday.
Windhoek High Court Judge Christi Liebenberg delivered the conviction.
Inock Mazala Nalisa (33) was charged with one count of murder, read with the provisions of the Combating of Domestic Violence Act, and one count of defeating the course of justice.
It is alleged that after he stabbed his wife, he got rid of the weapon he used to stab
her. The prosecution is alleging he killed his wife Petra Njakwabo Munikonzo (30) by stabbing and hitting her with a hammer at the back of her head following an argument.
The wife died instantly at the scene.
The incident occurred at the couple’s residence in Windhoek’s informal settlement of Okahandja Park on 31 October 2020.
According to the State, an argument erupted between Nalisa and the deceased and he stabbed her multiple times with a knife or other sharp object and hit her several times on her head and body with a hammer, causing her death.
He then covered her body with a blanket.
Police reports stated that after the tragic incident, Nalisa fled the scene.
He, however, handed himself over at the Wanaheda police station two days later. While Nalisa did not offer a plea explanation, he claimed during evidence submission that he suffered from a blackout and cannot
remember what happened after his wife slapped him on the cheek.
However, Judge Liebenberg said, his claim of a blackout is contradicted by the credible evidence of several State witnesses who testified that he was well aware of what he was doing and even admitted the deed. He further said that the accused’s behaviour immediately before and after the killing of the deceased is inconsistent with his claim of a blackout. “These facts not only shows that the accused acted consciously, but also that he appreciated the wrongfulness of his actions. The alleged suffering of a black-out is, on the strength of the evidence before court, clearly a fabrication and an afterthought aimed at creating a possible defence and is accordingly rejected as false beyond reasonable doubt,” the judge said.
He further said that it was not disputed that Nalisa caused the death of the deceased. “This came as the result of a vicious attack on the deceased by inflicting 15 blows with a hammer to the head and 22 stab wounds to the upper-body of the deceased,” the judge remarked.
He further said the gravity of the assault is borne out of the number of individual injuries inflicted to sensitive parts of the human body which resulted in death shortly thereafter. Judge Liebenberg further commented that the gravity of the injuries is such that the only reasonable inference to be drawn is that Nalisa intended killing the deceased.
About the defeating charge, the judge said that the sharp object used during the murder was not found at the scene of the crime and
that the only reasonable conclusion to be reached was that he threw it way to hinder the police investigation.
The matter was postponed to 1 March for pre-sentencing procedures and Nalisa remains in custody.
He is represented by Tjingairi Kaurivi and the State by Erich Moyo.