Nuusita Ashipala
Oshakati-The case in which 45-year-old Bester Matengu Lutalelo is accused of six counts of arson, kidnapping, murder, assault, and assault by threat could not proceed in the Oshakati Magistrate’s Court on Tuesday.
Judge Marlene Tommasi postponed the matter to September 21 to allow the defence to amend its reply, in view of the new statements that were disclosed after the pre-trial conferencing.
Defence lawyer Phineas Nsundano told the court he was not ready to proceed with the trial, because he was ambushed by the state. He said the State confronted him with five new witness statements four days because the start of trial was set to start.
This was despite the statements having been taken already in March this year.
State Advocate Taodagog Gaweseb said the initial advocate representing the State in the matter had informed him that such disclosure had in fact been made with the defence, contrary to what transpired in court.
Lutatelo is facing two charges of assault. He is alleged to have set the house of one Kalimukwa Sabrina Mpambo and that of Lota Anna Kusimbukwa on fire, damaging property valued over N$80,000 at Sikwekwe village in Katima Mulilo on June 22, 2015.
He is further charged with kidnapping for allegedly locking the door of Kuzimbuka and preventing her from moving out of the building while the house was on fire, thereby killing her. For this he faces an additional murder charge.
Lutelo also faces a charge of assault for allegedly assaulting Mpambo, as well as an assault by threat charge for threatening to assault Sifu Obrien Nchindo and stab him with a spear.