The trial of three Zimbabwean citizens has descended into a trial-within-a-trial.
This is after the accused persons disputed written and oral statements they made to police officers at the time of their arrest.
Edward and Caroline Nkata, and Rachel Kureva told Windhoek High Court Judge Phillanda Cristiaan the admissions were made without them being informed of their rights to remain silent or not to incriminate themselves, or their rights to legal representation.
Caroline made a confession to a magistrate after her arres, in which she places the blame for the murder of a nine-year-old girl squarely on the shoulders of her husband and co-accused Edward.
In the confessions, which she now disputes, she said Edward forced her to aid him in getting rid of the body of Akundaishe Natalie Chipomho after he beat her to death with his fists and a broomstick between 23 and 25 January 2020. The partly burned body of the deceased was found on 25 January 2020 in a rubbish container near Rhino Park. On Tuesday, witness Glenwell Cloete told the court that he saw the Nkata couple dragging a wheelie bin during the night of 24 January in the direction of the skip container and recognised the Nkata’s as they usually bought items at his grandfather’s home shop. The lawyers for the Nkata’s Milton Engelbrecht and Mbanga Siyomunji, had a field day with the witness calling his evidence unreliable as his oral testimony differed vastly from his statement to the police. CCTV footage from the night in question showed two people, a man and a woman, drag a wheelie bin in the direction of the skip container. The State is claiming that it is the Nkata couple, and that they were dragging the body of the deceased to the container to set it alight and destroy the evidence. They are facing one count of murder together with Kureva and further counts of violating s dead body, defeating, or attempting to defeat the course of justice, fraud, alternatively uttering a forged document, forgery, as well as contravening the Immigration Control Act. They denied guilt on all the charges, but admitted that they contravened the Immigration Control Act by remaining in Namibia from 16 June 2019 to 26 January 2020, after the expiry of a two-year employment permit that permitted them to stay in Namibia from June 2017. Yesterday, Commissioner Nelius Becker from the police forensic unit testified about his role in the initial investigation. He told the court that he became aware of the incident on Saturday, 25 January 2020 and immediately went to the scene where he was joined by fellow officers from the serious crime unit. While there, he realised that the perpetrators must reside in the vicinity, as they did not drive to the scene.
He then started looking for CCTV cameras, and found one in Middleweek Street. He approached Windhoek City Police for assistance, and was provided with footage of a man and woman dragging a bin. He went around the neighbourhood, asking whether anybody saw anything, and was directed to Jatties Park and the accused persons. After further enquiries, he was informed about alleged abuse at the residence of the accused, and further investigations led to the arrest of the suspects at a roadblock near Otjiwarongo as they intended to flee the country.
The matter continues today, and the accused remain in custody. The State is represented by Ethel Ndlovu and Kureva by Joseph Andreas.