Rudolf Gaiseb

The Katutura Magistrate’s Court has once again postponed a case involving six men accused of murdering Patrick Hamupunda (31) due to the State’s failure to comply with the prosecutor general’s instructions.

The investigating officer has been given until 26 February to finalise the directives issued by the prosecutor general on 12 November 2024.

The accused – Lukas Simon, Lukas Andreas, Kleopas Amutenya, Festus Nehemia, Felex Imfusi and Modestus Wilhem – allegedly broke into a house in Katutura, and brutally murdered Hamupunda in August 2023. They were granted bail in October last year.

They are accused of brutally stabbing and shooting Hamupunda.

Their bail has now been extended until 8 April 2025. However, Imfusi’s bail amount has been reduced from N$15 000 to N$8 000 due to financial constraints.

The case is set to return to court on 8 April for the final remand.

“The State sought a final remand after the prosecutor general’s decision was released. The investigating officer, who testified under oath, received 34 instructions, of which 16 remain outstanding,” the court order stated.

However, the defence objected to the further postponement, arguing that delays were unjustified.

“It emerged that nine statements are still outstanding from the 16 remaining instructions, while the rest pertain to MTC records and forensic analysis,” Magistrate Immanuel Udjombala noted.

The investigating officer, however, stated that a total of 17 instructions remain pending.

“Oral communication from the forensic department indicated that the results would be ready before March 2024,” he said.

The defence sought to have the matter struck from the court roll, but this request was denied.

The court further ordered the State to ensure that the case docket is submitted to the prosecutor general before 28 February 2025 to allow for a final decision.

Family demands justice

A relative of the deceased, Tobias Shitaleni, expressed frustration with the investigation, calling for a fresh probe.

“The investigating officer does not have the relevant facts regarding this matter. He appears to be part of the team that wants the case struck from the roll, and that is a grave injustice. This is not a housebreaking or theft case—this is a brutal murder, one of its kind in the country,” Shitaleni said.

“As a family, we are deeply hurt. Justice is slipping away from us, just like the case investigators. They are blatantly lying in court,” he added. Shitaleni vowed to escalate the matter. “We are suffering. At the end of the day, there is little we can do, but we will approach various offices, including the High Court and the prosecutor general’s office, to ensure justice prevails,” he said.

– rrgaiseb@gmail.com