A 27-year-old Drimiopsis resident, who is accused of kidnapping, raping and killing a 27-year-old woman 10 years ago, is denying admissions he made to police officers and a confession he made to a magistrate.
Abel Makalabatho, through his lawyer Mbanga Siyomunji, yesterday objected to the admissions in the form of a confession and witness statement that were presented by State Advocate Ethel Ndlovu.
According to Siyomunji, the admissions were obtained through threats and undue pressure.
He further said that his client’s head was immersed in a bucket of water before he agreed to do the pointing out.
Makalabatho pleaded not guilty to the charges when he appeared before Windhoek High Court Judge Naomi Shivute in June this year.
The prosecution is charging Makalabatho with three counts of rape, one count of kidnapping, one count of murder and one count of obstructing the course of justice.
It is alleged by the State that on 1 and 2 August 2020, the accused and the victim, Anna Geinamseb (27), were drinking together at a shebeen at Drimiopsis in the Gobabis district.
It is further alleged that when the victim left to go and use the toilet, Makalabatho followed her and raped her.
He then forcefully took her to his house, where he committed the second and third counts of rape.
He also allegedly stabbed her in the neck and strangled her with a wire after she threatened to report him and stuffed her body in a manhole.
The State indicates that Geinamseb was intoxicated, rendering her incapable of communicating her unwillingness.
On the count of murder, Makalabatho allegedly stabbed the victim with a knife on her neck and strangled her to death with a piece of wire.
To cover up his alleged deed, he buried Geinamseb in a manhole, cleaned his bedroom to remove the victim’s blood, and buried the knife underneath some plants.
In a plea explanation, read to the Court by Siyomunji, Makalabatho said Geinamseb stabbed herself in the neck after they had a quarrel because of a call he received from his ex-girlfriend.
Furthermore, he informed the police that she left for a farm in the company of an unknown man after they had consensual sex in the toilet.
Police officers who testified during the trial within a trial to determine the admissibility of the evidence all testified that Makalabatho made the admissions of his own free will and was not unduly influenced in any manner.
They said he was a willing participant in the pointing out of the body of the victim, volunteered to confess to a magistrate and refused the assistance of a lawyer when offered one.
Siyomunji, however, told the officers that his client was never fully informed of his rights, including the right to Legal Aid.
Further, he said, when his client indicated he wanted the services of a lawyer, he told them to sign a form that would ostensibly arrange a lawyer for him – but it was instead a blank warning statement, and the officer who took the statement completed it himself.
The case continues today, and Makalabatho is currently detained at the Windhoek Correctional Facility at the trial awaiting section.
– rrouth@nepc.com.na