Murder suspect fails to pitch for trial

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WINDHOEK – The trial of five men accused of murdering two brothers in Rehoboth in 2010 was delayed in the Windhoek High Court yesterday after one of the accused failed to show up.  The case was supposed to start on Monday, but was postponed to yesterday to give the police a chance to trace 37-year-old Silas Hawala.

He is charged together with 23-year-old Taapopi Thobias, Daniel Matheus (29), Elias Nghikufwasha (30), and 23-year-old Johannes Mwoongela on two counts of murder. Hawala is missing since his release on N$1 000 bail shortly after the murder at the Rehoboth Magistrate’s Court.  All the accused are on bail of the same amount.

State Advocate Ethel Ndlovu informed Judge Nate Ndauendapo that while the State was prepared to proceed with the trial in the absence of Mwoongela, she needs a postponement in order for the police to trace Hawala.

She said she is not at liberty to proceed without him.  She asked the court to postpone the matter to September 15, which is also the due date for the warrant of arrest that was issued for Hawala.  Mwoongela’s bail was forfeited to the State. Cristopher Stanley, who represents Thobias and Mwoongela; Winnie Christiaans, who appears on behalf of Matheus; and Willem Visser, who is for Nghikufwasha, had no objections to the postponement.

It is alleged in the indictment, the five men stabbed and allegedly killed brothers, Petrus and Phillipus Kinda, on 27 February, 2010, in Rehoboth.  According to the summary of substantial facts, Markus Kinda – who is a brother of the deceased – asked Hawala about money he allegedly owed him during the early morning hours of the fateful day.  In response, Hawala allegedly told Markus he does not speak to Damaras and left.  Hawala allegedly returned with a group of men, including all the accused, armed with sharp objects and started to chase the deceased and Markus.  Both deceased were then reportedly stabbed in the neck and head, respectively, by all the accused and died as a result of the stab wounds, the indictment states.  The State contends that all five accused acted with common purpose.