Iuze Mukube
Windhoek High Court Judge Philanda Christiaan on Wednesday declared that oral admissions made in a case involving a murdered child who was severely burned and discarded in a rubbish container are inadmissible.
The judge ruled that the State failed to prove beyond a reasonable doubt that the oral evidence obtained from Caroline Nkata, Edward Nkata and Rachel Kureva were made freely and voluntarily.
Christiaan added that there were discrepancies in the testimony of the investigation officers on whether the accused were properly informed of their constitutional rights, a requirement for the accused to make informed decisions.
Moreover, Christiaan noted indications of procedural irregularities, raising concerns that the admissions may have been obtained through undue influence, coercion, or intimidation by law enforcement.
The ruling favoured the three accused, who had over the past few weeks, been challenging the admissibility of their oral admissions and written warning statements during a trial-within-a-trial, arguing that these were obtained improperly during the initial stage of police investigations.
The trio informed the court they were not properly advised of their constitutional rights including the right to remain silent or to a legal aid lawyer, and further claimed that their statements were the result of undue influence by law enforcement officers.
A search warrant, that was acquired for entry into the residence of the accused was also in contention during the proceedings, which Kureva stated she was unaware of as officers at the time never informed her of their identifies as investigation officers.
Subsequently, Christiaan ruled that the written warning statements made by the Nkatas were admissible and will be used in court accordingly as she found they were made freely and voluntary, although she ruled the opposite for Kureva.
She added that there was no indication that, not even by documentation, that Kureva was informed of her right to a legal aid lawyer during the process of giving her warning statement.
Christiaan, however, found that even if the accused’s rights were incapacitated, the search warrant was lawfully obtained and executed.
The Nkatas and Kureva are accused of killing Chipomho in Windhoek between 23 and 25 January 2020.
They face one count of murder and further counts of violating a dead body, defeating or attempting to defeat the course of justice, fraud, alternatively uttering a forged document, forgery and contravening the Immigration Control Act.
The State alleges that between 23 and 25 January 2020, the Nkatas kicked and hit Chipomho with unknown objects all over her body and head, leaving her unconscious, and then placed her in a plastic bucket and waited for her to die.
Chipomho’s body was alleged to have been transported in a wheelie bin to a municipal skip located a distance from the accused’s flat, where it was dumped and set ablaze. It is further alleged the Nkatas defrauded Progress Private School of N$6 000. Additionally, Caroline indicated to the school where she was employed as a teacher that Chipomho and an 11-year-old minor were her biological children. Thus, the minor children were not required to pay school fees by virtue of her being an employee at the school.
The couple is also accused of forging school reports for the children. They are further accused of overstaying in the country for seven months after their employment permits expired.
The State is represented by Ethel Ndlovu, Edward by Mbanga Siyomunji, Caroline by Milton Engelbrecht, and Kureva by Joseph Andreas.
The matter was postponed to 21 July 2025 for the continuation of the main trial.