WINDHOEK – A 32-year-old man and his 30-year-old female accomplice appeared in the Windhoek Magistrate’s Court yesterday on a charge of housebreaking with intent to steal.
Livingi Shihamba, a Rukwangali-speaking male and Bernice Campbell an Afrikaans-speaking female were informed of their rights to legal representation and they replied they would conduct their own defence.
But Shihamba, who appeared in court barefooted and looking disheveled, subsequently informed the court that he intended to plead guilty while Campbell said that she would plead not guilty.
State Prosecutor George Mhoney then asked for the matter to stand down to consult with Shihamba.
After the restart of the court proceedings Mhoney told Magistrate Ingrid Unengu that the State couldn’t accept Shihamba’s guilty plea as he disputes the breaking-in aspect of the charge.
Shihamba told the court that he found the premises where the alleged break-in occurred open and that he went in and helped himself to the stolen items.
According to the annexure to the charge sheet the accused broke into the premises of Monaco Lounge on November 10 and stole four multi-coloured mats worth N$55 000 and two Proline PC monitors valued at N$3 500.
Neither Shihamba nor Campbell provided a fixed residential address after their arrest and on that basis Mhoney told Unengu that the State opposes bail up to when and if their residential addresses could be confirmed, when they could return to court to have the bail matter revisited.
Shihamba told magistrate Unengu that he stays with a friend at the RCC premises and Campbell said that she stays at Erf 520, Block B in Rehoboth. Unengu further told the accused that if their addresses are confirmed they would be brought back to court to have their bail issue re-visited.
The magistrate further told the two accused that in the event their addresses cannot be confirmed for some or other reason they have the constitutional right to lodge a formal bail application and that they will be remanded in custody until such time.
Unengu then postponed the matter to January 24 next year for further investigations. Information available states that Shihamba assisted by Campbell managed to force open a window at the premises and removed the said goods.
While Shihamba contends that the items were recovered it is not mentioned in the police report that the items were recovered.
By Roland Routh