Afas Kamutjemo (45), accused of stealing 15 head of cattle from Hadley Mwashekele, claims he was in South Africa when the alleged theft happened. Kamutjemo is on trial with Stockley Kauejao (45), the alleged mastermind behind the theft, and the murder of renowned stock theft investigator Hiambepo ‘Major’ Kazeurua.
Kauejao is further facing a charge of murder together with farmworkers Muvare Kaporo and Mathew Kakururume.
It is alleged the accused conspired to kill Kazeurua to prevent him from tracing the stolen cattle.
It is further alleged that Kaporo and Kakururume ambushed and killed him by strangling him, and throwing sand in his mouth to prevent him from breathing. This allegedly happened on 28 December 2012.
The cattle were allegedly stolen on 7 December 2012. During his testimony earlier this week, Kamutjemo informed the court that he only returned from South Africa on 5 December 2012 and as his driver’s licence expired, he went to Gobabis to renew it.
On 7 December 2012, he went about renewing his licence, and was contacted by Kauejao.
They met, and Kauejao asked him for the cell number of his uncle who was only identified as Usiel, the accused said.
He went on to say that after he received permission from Usiel, he provided Kauejao with the number, whereafter he left again, delivering cargo to Swaziland and South Africa, and only returned on 15 December 2012. He further said that his uncle then called him and asked him about the whereabouts of Kauejao, who offloaded heads of cattle at his farm. According to Kamutjemo, Usiel said he could not get hold of Kauejao to ask him about the cattle. He then called Kauejao and asked him about the cattle, and Kauejao told him that the cattle belonged to him, and he just wanted to leave it there before he sells them at auction.
Kauejao has in the meantime lodged an application for leave to appeal the refusal of High Court Acting Judge Alfred Siboleka to release him on bail.
According to him, the judge erred in fact and law when he refused to release him on bail, and another court may come to a different conclusion on the same facts.
He based his claims on the fact that Judge Siboleka ignored the realities that he is facing after his last bail application failed, like the deterioration of his health and the fact that he finished his testimony and pose no threat to the trial.
Also, he said, the judge completely disregarded the grounds and reasoning behind the initial cancellation of his bail ,and based his latest ruling on completely different grounds. The judge previously cancelled Kauejao’s bail by using the powers vested in him, according to section 68(3) of the Criminal Procedure Act 51 of 1977 as amended, and refused to entertain another bail application.
Kauejao is represented by Salomon Kanyemba, Kaporo and Kakururume are represented by Mbanga Siyomunji, and the State by Esekiel Ipinge.
The accused remain in custody at the section for trial-awaiting inmates at the Windhoek Correctional Facility.
The judge ordered that Kauejao be kept separate from his co-accused.